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.

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  1. identicon
    Patrick, 11 Apr 2006 @ 8:02pm

    I think if the legal system wants to hold employers accountable for not removing the pornographic spam solicitations, then companies should hold the government responsible for not making these types of email illegal. I never see my physical mailbox outside my house filled with porno, and even if it was, it would have to be covered per government regulations. Why doesn't the government do this? Perhaps if they will allow spamming to continue, maybe pornographic spam emails contain an html code that first says "click here to open this explicit material". Then you know you can delete it. I know I'm getting off topic, but my point is, if employers are held accountable for this, then the legal system should be held accountable for allowing this spam nonsense to continue.

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