Can You Charge An Employer With Sexual Harassment If They Don't Block Porn Spam?
from the questions-questions dept
It seems this question seems to come up every few years, with various journalists claiming that companies could be potentially liable in a sexual harassment suit if they fail to block out all porn spam. The latest such report does point out how problematic such an idea is, noting how it's basically impossible to perfectly filter out spam mail. However, what's still not clear is whether or not anyone has ever actually attempted to sue over this and how the courts have responded. So far, we just have half a decade of speculation from journalists without a well publicized case of it happening. It's certainly likely that some lawyer somewhere would file such a lawsuit, but it would be much more interesting to see how the courts responded. So, does anyone know of any actual cases filed over an issue such as this? If anything, it would seem that the company would have a pretty good defense in showing that they at least tried to protect the worker to a reasonable level -- and that the real harassment was the fault of the spammer, not the company.
36 Comments | Leave a Comment..
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Reasonable expectations
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If you are getting porn spam...
BMR777
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Re: Reasonable expectations
Oh wait...wrong site!
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Re: Reasonable expectations
My take is that legally there is a difference. Getting offers for cheap interest rates may be bothersome but it is not offensive in the same way that pornography is to some people.
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I'd say its legitimate
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Re: If you are getting porn spam...
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Spam
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Pie or Spam?
That was spam, but it wasn't offensive now was it? So you see there is a difference, however unless the employee wishes someone to read their every mail before it is opened like some kind of prison, then I dont think the company is liable...
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well
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Re: If you are getting porn spam...
[email protected]
[email protected]
ECT...
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Damn hell Mike... dont be giving em ideas!
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porn spam
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Re:Correction: porn spam
There were additional forms of harassment about which I can sue. the pron messages were really the least of my worries, but irritating.
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Re: porn spam
I am looking for a website to add my co-worker's email address to.
I hate hate him and his "every 15 minutes" cigarette breaks, while the rest of us on staff have to cover his share of the work while he is away from the phones.
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Re: If you are getting porn spam...
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Re: well
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A company is responsible for the environment of the workplace. Anything they have immediate control over. Someone having pr0n pictures on their workstation, making lewd comments, etc. This does not stop someone from making the comment if they want. If an employee harasses another employee, the company is required to take action. If they do NOT take appropriate action, then the company would lose a lawsuit. If they take proper action, nothing further can be expected of them. You cannot control someones free will. In the same aspect, SPAM pr0n can be controlled so much. If the company has a filter in place, that is apprpriate action. If a message gets through, but the company has procedures in place to add it to a blacklist or delete it, that is appropriate action. The company cannot be held liable for the actions of someone who does not work for their company that is sending SPAM pr0n messages.
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Can I sue my boss over spam?
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Additionally, many spam bots search websites for email adresses so even if the address was used only for legitimate corporate use, the recipient may still receive spam.
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Re: people filtering porn-spam
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Messed up...
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Filtering
They run spam filters in Outlook as well as running a Barracuda spam filter. This seems to work fairly well - so when they complain about recieving spam I simply say "well, you recieved one today, its blocked over 900, thats a fairly good job if you ask me" ;). That quiets them down just a little.
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Can Beat Stupic People With Great Big Sticks If Th
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workplace harrassment
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workplace harrassment
Check my site.
What is this the USA the land of the free or the land of the immature crybabies. Take self defense classes. When your assaulted break his/her wrist/s I guarantee they won't try iot again for a long time at leat 3 months. GR. C.F.O.
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workplace harrassment
Check my site.
What is this the USA the land of the free or the land of the immature crybabies. Take self defense classes. When your assaulted break his/her wrist/s I guarantee they won't try iot again for a long time at leat 3 months. GR. C.F.O.
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This is just silly.
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Re: Can I sue my boss over spam?
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Re: Re: porn spam
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Er...Delete?
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