Craig, and all, That could prove to cause something
which seems to be the prevalent course of action which could happen in
your case. A court case over denial of service. Bob K
----- Original Message -----
Sent: Saturday, April 23, 2005 11:53
AM
Subject: Re: [Winona] Re: students'
freedom of speech
[Winona Online Democracy]
You raise a good point Terry and one I (luckily) haven't had to deal
with. I will check further next week. But, for now I can say that
if an employee were offended by sexual related jokes, pictures or actions, I
would have an obligation to do something to stop what could be construed to be
sexual harassment. That may be not requiring that employee to stay in
that vicinity and allow them to remove themselves. It may be to ask the
'client' / member of the public / customer to leave or stop the offensive
behavior. Until I knew I could legally do the second, I would first have
the offended employee go someplace else and ask that a supervisory staff
handle the visitor. (yes -- that supervisor has the same rights as well
so it would move up the ladder.)
From what I understand about sexual harassment court cases, once an
employee (or I would guess a student) complains of being offended, the
School had no choice but to act to stop the offensive behavior.
Craig Brooks
Terry Angst <[EMAIL PROTECTED]>
wrote:
[Winona
Online Democracy]
Craig
You based your post on a "worker" wearing
the discussed button. What
would be the ramifications of a "client"
entering the office wearing the
button?
Terry Angst
Craig
Brooks wrote:
>[Winona Online Democracy]
>
>This
dialog is great. Obviously generating strong
>opinions both on free
speech and on the meaning behind
>the button's message. I need to
interject another
>aspect to this -- one that is the real world
of
>workplace legal requirements that we all must
deal
>with.
>I am not an attorney or a Judge. I am in the role
of
>carrying out responsibilities of an employer,
>enforcing
contracts and employment law. If a worker
>in our office wore this
button, I would have to insist
>they take it off. If they refuse, I
would have to
>discipline them -- yes, up and and including
possible
>termination. Sexual harassment rules, laws,
policies
>and court cases require that I do this. My own
job
>security requires that I do this. My own protection
>from
liability requires this. The legal advice I have
>received over the
years concerning sexual harassment
>in the workplace does not allow
for how I might
>interpret a word, a joke, a picture, etc. It goes
to
>legal principles that I don't pretend to fully
>understand
or agree with. But, I can tell you that I
>have been instructed
clearly that reference to a body
>part is one of the first criteria
looked at in
>determining a violation. And, if just one person
is
>offended, I must put a stop to it. So, if one person
>said
they were offended by this button in my office,
>by law and employer
policy (intended to protect from
>liability), I would be required to
in sist the button be
>removed immediately. Again, it does not make
a
>difference if I am offended, if I believe it is
>offensive or
if 99% of the staff think it is OK. If
>one person is offended, I can
not allow it if the
>nature of the material would be construed in a
Court
>to be potentially offensive. This button would
be
>because it refers to a body part. My point is, and I
>am
surprised the School hasn't raised this, is that
>sexual harassment
law and liability apply here.
>Craig Brooks
>
>
>
<(���)>
>
Craig
>[EMAIL PROTECTED]
>
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Craig
[EMAIL PROTECTED]
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