Thursday, January 10, 2008

RE: [BDSM-LegalIssues] You did, didn't you, say the following, 'tongue in cheek', RIGHT? WAS: Re: New b

> -----Original Message-----
> From: guilty^
> Sent: Wednesday, January 09, 2008 11:01 PM

[ Snip ]

> But the fact is that we don't see much problems like
> described here. I never hear of employers going out of
> business because they couldn't fire an employer that had
> gotten arrested for anything kink related.

Actually, the whole thing is largely an exercise in chest-thumping from
Wiseman who discovered a theoretical or potential issue, not an actual one.

You'll notice the near total lack of concrete examples of people being
arrested and fired unjustly...

> So, unless we'e extremely more tolerant of deviance,

Well, in general, you are...

> I'd say
> that small business owners and protection don't need to bite.
> Lilith Corwyn's post put in on the track of why this might be
> so: My first guess is that not only do we have different
> labour laws, liabillity is also a way different issue here.
> Much less easy to sue, and the amounts awarded are much, much
> lower. So, extreme situations excluded, an employer has to
> fear less from this angle.

That's the crux. It is enormously expensive to defend oneself against a law
suit, it's easy to file such suits, and awards of legal costs are rare.

Since a simple civil employment trial can easily cost far more than the
employee makes in a year, it's not hard to see that businesses have
incentive to settle before trial, which in turn encourages other suits on
specious grounds. And so on.

One approach may be to increase the frequency of costs awards... but again,
to get costs, you have to go to trial, and who wants to gamble that (a)
they'll get a fair jury, (b) the judge will subscribe to the same rules as
your attorneys, and (c) that if you do win, they'll award costs?

> Roel

Malc.

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