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-   -   Mother, mother, mother - there's too many of you crying. (http://www.lawtalkers.com/forums/showthread.php?t=880)

Adder 12-08-2017 11:40 AM

Re: Mother, mother, mother - there's too many of you crying.
 
Quote:

Originally Posted by ThurgreedMarshall (Post 511833)
Repeating yourself doesn't address my response the first 3 times you said this.

TM. Do you need a mirror?

Quote:

But this idea that we are being damaged just because the topic is on the news for more than a couple of weeks is stupid.
We are being damaged when we're trying to talk about other things and the topic is repeatedly turned back to Al. You can deny that all you want, but people who are actually doing that messaging thought there was a problem.

Quote:

If you think that not removing Franken gives people in Alabama license to vote for Moore, you're nuts.
Speaking of things I've said repeatedly: I think it has next to no effect in Alabama.

ThurgreedMarshall 12-08-2017 11:41 AM

Re: Mother, mother, mother - there's too many of you crying.
 
Quote:

Originally Posted by sebastian_dangerfield (Post 511837)
There are objective standards.

This is an interesting article.

https://www.newyorker.com/news/our-c...isplaced-scale

TM

Adder 12-08-2017 11:41 AM

Re: Mother, mother, mother - there's too many of you crying.
 
Quote:

Originally Posted by sebastian_dangerfield (Post 511837)
There are objective standards.

OMG. There most definitely are not. Are you kidding??

sebastian_dangerfield 12-08-2017 11:46 AM

Re: Mother, mother, mother - there's too many of you crying.
 
Quote:

Originally Posted by Adder (Post 511842)
OMG. There most definitely are not. Are you kidding??

Yes there absolutely are.

TM's example of being groped once, by a drunk person, does not meet the standard for significant punishment. It was a one time aberrant incident.

Harassment, by its most elementary definition, requires repetitive and threatening behavior. An adequate amount of either alone will suffice, of course, but a one time aberrant act? Not harassment.

Adder 12-08-2017 11:46 AM

Re: Mother, mother, mother - there's too many of you crying.
 
Quote:

Originally Posted by ThurgreedMarshall (Post 511838)
If Franken was a serial massager of shoulders, should he be fired?

Let's keep in mind that he was not fired, but rather resigned because of the ongoing political controversy around his alleged behavior. That distinction matters a lot.

Quote:

You can't possibly be saying that men have to cede all right to express an opinion as to what amounts to harassment and what doesn't.
Cede all right? Of course not. But I am saying that the 4-5 of us are not in a position to make any bold declarations about what's harassing and what isn't and we should be very careful to be listening more than we're talking.

ThurgreedMarshall 12-08-2017 11:50 AM

Re: Mother, mother, mother - there's too many of you crying.
 
Quote:

Originally Posted by Adder (Post 511840)
TM. Do you need a mirror?

Yes. And in that mirror I've seen actual responses to your points.

Quote:

Originally Posted by Adder (Post 511840)
We are being damaged when we're trying to talk about other things and the topic is repeatedly turned back to Al. You can deny that all you want, but people who are actually doing that messaging thought there was a problem.

Ah. I see. Although this is an important topic that is actually having a necessary moment that is way bigger than Al Franken, we're not going to be able to move past this issue to get to real issues until he steps down. You don't believe that. You just want to turn the spotlight off of Democrats. And discussions relating to the scale of the offense, whether the allegations are legitimate, Franken's ability to defend himself, and what appropriate steps need to be taken in relation to that scale doesn't seem to matter. Just shut that light off!

And the conversation we're having about Franken's actions and how we should deal with them shouldn't be addressed and discussed? We should squelch this conversation altogether simply because we keep having it? I would argue that as we navigate this new reality, this is precisely the time when we should be talking about what the appropriate reaction and/or punishment should be to different sorts of inappropriate behavior.

TM

Adder 12-08-2017 11:51 AM

Re: Mother, mother, mother - there's too many of you crying.
 
Quote:

Originally Posted by sebastian_dangerfield (Post 511843)
TM's example of being groped once, by a drunk person, does not meet the standard for significant punishment.

In what sense? "Sebby's Personal Code of Consequences?"

Because in every other sense it does. If this incident were reported to HR, the person would certainly be punished, perhaps even fired. If TM were to sue for assault, he'd have a case. If he were to sue for hostile work environment, it would certainly be a salient fact in his favor (I'm no expert so don't know if he'd need more). Sounds actionable to me under any applicable legal standard.

You and I don't care, though, because TM doesn't care. That's a subjective standard.

Hank Chinaski 12-08-2017 11:57 AM

Re: Mother, mother, mother - there's too many of you crying.
 
Quote:

Originally Posted by sebastian_dangerfield (Post 511821)
Here the bigger thing: The Democrats are not going to win by being the non-pussy grabbing party.

Those social issues you think will win the day? They're losers.

The issues that will win the day are:

1. The GOP just fucked the middle class with a shitty tax bill;
2. Wages are still stagnating (see today's jobs report);
3. The GOP is defunding the ACA; and,
4. Inequality is accelerating under GOP policies.

The environment? Not going to win the Ds any new votes.
Trump's foreign policy insanity? Average voter doesn't care about or understand anything beyond US borders.

Pussy grabbing/pedophile in the Senate? That'll get some votes.
The GOP embracing alt-right psychos? That'll get some votes.
But not 1/10th of the votes #s 1-4 above will attract.

The Democrats need to attract the moderate swing voters and the people who pulled the lever for Trump thinking, "Eh, why not? He might be a magic ticket," and now have serious buyer's remorse.

The people exercised by the pussy-grabbing issue are already voting Democratic. Rather than preach to the converted, the Democrats should spend time and energy bringing back the voters who pulled the lever for Obama in '08 and then Trump in '16. Obviously, given they voted for two extremely different candidates on social issues, it all about $$$ (read: jobs and growth) to them.

you need to start getting invited to different cocktail parties.

sebastian_dangerfield 12-08-2017 11:58 AM

Re: Mother, mother, mother - there's too many of you crying.
 
Quote:

Originally Posted by ThurgreedMarshall (Post 511841)

Yup. We're engaging in something right now which is laudable. Sexual harassment, and generally dickheaded behavior by men which marginalizes women in the workplace, should be addressed. But objective, nuanced criteria should be used to determine how to address it.

I'm not as concerned with women being infantilized as I am with them suffering discrimination. The corporate mindset is always risk minimization. If the standard for what constitutes harassment becomes exceedingly low, or subjective (how the harassed person feels, with no consideration of reasonable objective standards), the prudent business decision will be to avoid hiring women.

This of course creates even worse predators. Any man or group of men who make a lot of money for a company will be protected. Women will not be hired to work with them, and the problem at the root of all of this will persist.

Adder 12-08-2017 12:04 PM

Re: Mother, mother, mother - there's too many of you crying.
 
Quote:

Originally Posted by sebastian_dangerfield (Post 511848)
If the standard for what constitutes harassment becomes exceedingly low, or subjective (how the harassed person feels, with no consideration of reasonable objective standards)

You know that harassment is, by definition, subjective, right? All of the conduct that can be harassment isn't if all participants are willing and don't feel pressured.

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the prudent business decision will be to avoid hiring women.
Only to the profoundly stupid. Hiring dudes who can't behave instead of women is going to cause all kinds of obvious problems and liabilities.

Quote:

Any man or group of men who make a lot of money for a company will be protected. Women will not be hired to work with them, and the problem at the root of all of this will persist
You're implicitly assuming the men are essential and women are not.

sebastian_dangerfield 12-08-2017 12:05 PM

Re: Mother, mother, mother - there's too many of you crying.
 
Quote:

Originally Posted by Adder (Post 511846)
In what sense? "Sebby's Personal Code of Consequences?"

Because in every other sense it does. If this incident were reported to HR, the person would certainly be punished, perhaps even fired. If TM were to sue for assault, he'd have a case. If he were to sue for hostile work environment, it would certainly be a salient fact in his favor (I'm no expert so don't know if he'd need more). Sounds actionable to me under any applicable legal standard.

You and I don't care, though, because TM doesn't care. That's a subjective standard.

It's not subjective. I'd say TM was being reasonable. To go to HR over such a thing would be unreasonable. It would be immature. That's why I characterized his response as "sensible."

Objectively, his response matched the behavior. One aberrant act should not be met with a complaint to HR.

And, that the act was actionable, which I agree it was, and that HR would have taken action, does not mean such a response would be reasonable. HR is a risk minimization department in these cases. Corporations make financial decisions. What one can complain and acquire redress for in a corporate setting resembles what is "reasonable" about as much as a Hyundia does a Bentley.

Adder 12-08-2017 12:12 PM

Re: Mother, mother, mother - there's too many of you crying.
 
Quote:

Originally Posted by sebastian_dangerfield (Post 511850)
It's not subjective. I'd say TM was being reasonable. To go to HR over such a thing would be unreasonable. It would be immature. That's why I characterized his response as "sensible."

Objectively, his response matched the behavior. One aberrant act should not be met with a complaint to HR.

And, that the act was actionable, which I agree it was, and that HR would have taken action, does not mean such a response would be reasonable. HR is a risk minimization department in these cases. Corporations make financial decisions. What one can complain and acquire redress for in a corporate setting resembles what is "reasonable" about as much as a Hyundia does a Bentley.

Again, it meets every applicable standard except your personal opinion. Okay.

ThurgreedMarshall 12-08-2017 12:16 PM

Re: Mother, mother, mother - there's too many of you crying.
 
Quote:

Originally Posted by Adder (Post 511844)
Let's keep in mind that he was not fired, but rather resigned because of the ongoing political controversy around his alleged behavior. That distinction matters a lot.

You are fighting the hypothetical. Or maybe it's a straight dodge.

Quote:

Originally Posted by Adder (Post 511844)
Cede all right? Of course not. But I am saying that the 4-5 of us are not in a position to make any bold declarations about what's harassing and what isn't and we should be very careful to be listening more than we're talking.

This is a bullshit response meant to shut the conversation down. It's also disingenuous.

I have not made any declarations about what is or isn't harassment. I have said that there is a scale when it comes to inappropriate sexual behavior and we should examine how best to deal with different types of behavior depending on where it falls on that scale. You're basically saying that multiple accusations no matter where they fall on that scale create an atmosphere in which the Democratic Party is being bled to death and can't move forward with any other issue until the accused is removed.

You are trying to avoid a substantive conversation about the underlying behavior and how to deal with it collectively by hiding behind politics and this idea that men should be listening while implying that I'm not. That's garbage.

TM

sebastian_dangerfield 12-08-2017 12:24 PM

Re: Mother, mother, mother - there's too many of you crying.
 
Quote:

You know that harassment is, by definition, subjective, right? All of the conduct that can be harassment isn't if all participants are willing and don't feel pressured.
There are and always will be objective standards. If there are no objective standards for what qualifies as harassment, almost anything can be harassment. Are we really having this discussion? Seriously?

Quote:

Only to the profoundly stupid. Hiring dudes who can't behave instead of women is going to cause all kinds of obvious problems and liabilities.
And yet, this is exactly what will happen.

Quote:

You're implicitly assuming the men are essential and women are not.
Not in the least. I'm putting myself in the head of a typical HR person. CYA, CYA, CYA...

ThurgreedMarshall 12-08-2017 12:25 PM

Re: Mother, mother, mother - there's too many of you crying.
 
Quote:

Originally Posted by sebastian_dangerfield (Post 511848)
Yup. We're engaging in something right now which is laudable. Sexual harassment, and generally dickheaded behavior by men which marginalizes women in the workplace, should be addressed. But objective, nuanced criteria should be used to determine how to address it.

I'm not as concerned with women being infantilized as I am with them suffering discrimination. The corporate mindset is always risk minimization. If the standard for what constitutes harassment becomes exceedingly low, or subjective (how the harassed person feels, with no consideration of reasonable objective standards), the prudent business decision will be to avoid hiring women.

I think you're taking it a step too far.

It is natural to always try to reach for objective standards because we all want to know what the rules are. But harassment is very subjective because the act (depending on how serious it is) can be seen in many different ways by many different people.

For example, the impact of someone kissing one person on the cheek a little to close to someone's lips can be taken very differently depending on a number of factors, including (i) the industry/business in which the people work, (ii) the culture of the person doing the kissing, (iii) who the person doing the kissing is, how powerful they are, etc., (iv) who the person being kissed is, whether they are subordinate or not, etc. (v) where it happens, (vi) when and how often it happens, etc. It is impossible to remove these considerations and many others from a great deal of behavior that may be inappropriate when determining whether it amounts to harassment.

TM


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