Comment by ryanmercer
7 years ago
>employees should be able to sue, that's the process,
See eh. Does money fix the issue "biotic 1 told biotic 2 'nice lady bits why don't you sit on my man bits' now they want 2 amounts of monies" how does money fix the issue? How does money repair the damage? Is money a Men in Black neuralizer? Does it selectively delete the negative emotions from the event? Is it fair that shareholders in the case of Google, or the owner in a small business where some rogue employee decided he wanted to play grabass without the owner's consent or even knowledge, to have to shell out large sums of money that won't actually undo the damage?
I don't think suing is a good solution here. If you are denied a job and have EVIDENCE it was based on your gender or sexual orientation, then suing somewhat makes sense however aside from lost wages there isn't much that would be productive here. If you sued for the actual job then everyone knows you as that person that got the job because a court of law said you get it and not necessarily because your skill and history make you the best candidate.
>sexual harassment is a crime,
Somewhat. Quid Pro Quo is a crime, not rectifying a hostile work environment (not reassigning the alleged offender, not investigating and terminating the alleged offender etc) is a crime. But biotic 1 telling biotic 2 that they have nice reproductive bits and bobs, is not an actual crime (perhaps it should be?)
>they can't sue because Google force them into arbitration, which should be illegal for an employer to do that to an employee IMHO. this is a denial of justice.
Money /= justice. If someone demands sexual favors, or regularly says sexually explicit things to you, a check doesn't give you justice, especially if it's from the employer.
Take Google as an example. Google is owned, in part, by likely hundreds of millions of people (index funds, direct stock purchase, etc). Google has a board, it has various rungs of corporate management, then more localized management. Chances are none of those people have said "hey Don Draper, make sure you grab Megan's ass today when she comes in to dictate for you today and tell her what you want to do to her on your desk" and while Google does need to do something to employees that think such behavior is acceptable, and carry it out, why should they have to cut a check for hundreds of thousands, or millions of dollars, for something a rogue employee did?
Perhaps there should be some sort of penalty/tax that companies, when sufficient evidence is found to support a claim, they have to pay to an NGO that deals with rights equality and safe workspaces? Money doesn't undo the situation so I don't think the victim should be seeking large sums in damages, companies (unless supporting the behavior) shouldn't be penalized for large sums of money because of an employee that has free agency, however if an incident is reasonably provable perhaps they should have to cut a check, based on some sort of scale, say 100k$ for a company like Google to a regularly audited group that provides resources for victims to reach out to for both any required treatment and for help dealing with any potential workplace discrimination as a result of their claim.
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