RE: [BDSM-LegalIssues] Re: Arrested, ALL charges dismissed, hyperbolic career ruined, dog killed, kittens drowned.
> -----Original Message-----
> From: Spanked Hubby
> Sent: Wednesday, January 09, 2008 12:15 PM
> Numerous other jurisdictions have protected the rights of the
> individuals while not placing on undue burden on employers.
> USA can do it. USA just chooses not to do it. USA is not
> different in any way that makes it unable to do so.
No one has said it's impossible..
(Impractical != Impossible, although maybe Cadenas has a dictionary where
they are identical?).
> People who keep saying the USA is different just don't want
> to do so. Onus is on them to convince us it can not be done
> and bringing up boogeymen like big court awards just does not do it.
Nope. Onus is on YOU to demonstrate that YOUR proposal fits, not on US to
demonstrate that it doesn't.
Apart from anything else, that's 'cos you have no vested interest in the
results....
> Undue burden is a defence that protects the employer.
> Reasonable accommodations have to be made to the point of
> undue burden. Nothing spectacular about that.
OK. So codify that.
It's easy to wave your arms around and whine about the problem. Not so easy
to offer a complete solution.
Your attempts thus far boil down to "pass a law and change some other laws
and stuff".
Not a lot of detail there, really.
> Get with it. Balance is possible and has been achieved
> numerous times. No excuse for it not to be done in the USA
> also. No excuse to not protect the right of the BDSM
> practitioners and other minority groups.
Fact: EVERY legal system is different (even within the USA, where we have
some 55 or so systems to worry about: 50 states, DC, Feds, PR, Minor
Outlying Islands, Guam, Military).
Fact: Anyone who denies that is missing the fact that one size doesn't fit
all.
* There's nothing wrong with the Dutch system described by Roel, but
transplanting it to (say) both Quebec and Florida is non-trivial.
Fact: There's plenty of social injustice to go around.
* I happen to think that "Hubby", Wiseman's and Cadenas' "problem" isn't
one that admits a cure that isn't as bad as the disease, and anyway it's a
TINY TINY issue in the whole scheme of things. I personally reckon the
same-sex marriage thing is far more of problem, because it's _impossible_ to
work around it, unlike this one, because...
Fact: Reasonable people make reasonable accomodations.
* For no obvious reason, Cadenas has claimed that allowing companies leeway
makes the problem worse. (Yet he's apparently OK with letting them make a
decision after some kind of investigation, which does rather presuppose some
leeway in reaching a decision. More than a little bit of a double standard,
there!). If you are a good employee, it IS in the best interests of the
employer to retain you / hire you, UNLESS there's negative publicity and/or
opprobrium attached to you.
So in _practice_ this has been a storm in a teacup: how many BDSM
practitioners have been impacted by this allegedly terrible situation?
Really. How many? Numbers! The two individuals that we heard of who were
hurt were (a) convicted, or (b) in violation of a morals clause in their
contract and/or discharged after an investigation. Neither of which has
much to do with the issue that Wiseman, "Hubby", and Cadenas have gotten so
excited about.
Malc.
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posted by Annja Sue at
2:59 PM
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