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
    Think Outside The Cube, 12 Apr 2006 @ 11:34am

    Re: Re: porn spam

    Hmm. If you hate him that much, just post a copy of his resume on Monster.com? Make one up if you have to, but include his work telephone extension on the resume. And in another few weeks, maybe he'll have a job working somewhere else more appropriate for his choice of lung ailments, like a coal mine or something. And if that doesn't work, maybe they'll fire him if your HR runs across his resume and thinks he's looking for work elsewhere. If you want to speed the process along, you could even make the inclusion of his work number a "typo" that goes to his boss or to HR. WARNING: IF HE IS A REAL IDIOT, BEWARE!!! IT'S POSSIBLE THAT ONCE YOUR COMPANY THINKS HE'S LOOKING FOR WORK ELSEWHERE THEY MIGHT TRY TO RETAIN HIM BY **GIVING***HIM***A***RAISE!*** OR BY PROMOTING HIM TO MANAGEMENT -- WHERE HE COULD BE YOUR BOSS. Or not. Hard to say. Life's fulla fun risks, anyway, though, and meddling like this could be fun. I say go for the fun aspect. Just don't use your company's network to post the resume or the gig's up -- yours, perhaps. HAVE FUN!!!

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