Distribution of Offensive Material

[Steveschrader]

What is the name of your state? California

I am an employee of a company who, among a few others was given some material from a tenant on the same floor as our company.

I found the document (a letter written to the tenant) extremely offensive, specifically inflammatory and racist in it's content.

I showed this to our office manager and told her that I found this offensive and inappropriate to have distributed in our office.

I then wrote a memo to the Managing Partner, with copies to two other partners formally complaining about this. I explained the reasons for my finding it offensive and I requested certain action be taken against this tenant. Specifically, I asked that the tenant be sent a written letter telling this person in the strongest terms that the material was offensive to at least one employee and that our company has a zero tolerance level for this type of behaviour. I also requested that they convey to the tenant that I desired to have no further contact with this individual.

My question is, if my employer is in fact obligated to deal with this issue, are they allowed to deal with it in whatever manner they choose, and if so, in what time frame should that be done? Also, do they have to inform me of the manner in which they dealt with the situation, and if by letter or memo, am I allowed to get a copy of this.

Thank you for your time in answering my query.

 

[enjay]

Is the person who wrote the letter employed by your company? If not, I doubt there's a thing your company can do.

 

[I AM ALWAYS LIABLE]

Mere response:

Unless the words are meant to incite a riot, or to commit bodily harm, or to overthrow the Government by use of immediate force, the use of mere words is not actionable.

There are varying levels of disgust and aversion, depending upon the person listening or reading. What might bother you, might not bother me in the slightest - - and, all because you may be upset or bothered, doesn't make it illegal or wrongful. For all I know, it may be the tenant's way of exercising his First Amendment rights - - even with strong language. But, that's protectible speech.

I find that people who speak about, or write in favor of, Hitler and the Holocaust to be particularly heinous and objectionable speech. But, guess what? It's protected speech. Even the KKK can speak and march in a peaceable manner. I may not like it, but it's perfectly proper for them to do so.

You haven't even given us a "taste" of what was said, so I can only presume that you have a "thin skin." And, no one says you have to read the material. His rights to free speech end at your trash can.

Your employer is not doing business to protect your sense and sensibilities. As an adult, it's up to you what to protect about yourself, and to discriminate between what you enjoy and don't enjoy.

The moment you have someone, like your employer, protect you from the freedom of speech is the day you can consider yourself that much less protected when you decide to speak your mind.

Read the First Amendment, and remind yourself of the reason why so many people have died over the past 200 years.

IAAL