andrewducker: (Default)
[personal profile] andrewducker

Date: 2018-01-24 12:09 pm (UTC)
danieldwilliam: (Default)
From: [personal profile] danieldwilliam
I'm curious about the changes that Maria Miller is proposing to the Equalities Act. Any idea what provisions she thinks need to be changed and how they need to be changed?

Or is she engaged in some legal magical thinking?

http://jackofkent.com/2012/10/the-law-and-magical-thinking/

Date: 2018-01-24 02:03 pm (UTC)
danieldwilliam: (Default)
From: [personal profile] danieldwilliam
Because if she isn't actually advocating very specific changes to the law where the law is clearly deficient what she's actually doing is distracting people from the fact that she is planning to take no action whatsoever about this matter and hopes that concerned citizens will forget all about it after a new cycle or two.

Reading the FT report there doesn't look to me to be much that isn't already covered by the law.

Groping waitresses who don't want to be groped is already sexual assault.

Lying about the nature of a job and the actual duties required is already actionable under employment law.

The problem seems to me not to be that these things are not legislated against but that nobody who has power cares about enforcing the law and nobody who cares about enforcing the law has power. Or time. Or energy.

Date: 2018-01-24 02:05 pm (UTC)
alithea: Artwork of Francine from Strangers in Paradise, top half only with hair and scarf blowing in the wind (Warrior River (made by brokenharlequin))
From: [personal profile] alithea
Yep, lack of enforcement is the problem as far as I can see. That and access to justice.

Date: 2018-01-24 02:14 pm (UTC)
danieldwilliam: (Default)
From: [personal profile] danieldwilliam
Lack of access to justice is the key thing.

If Maria Miller had come out and said "The existing law is perfectly adequate to deal with this situation. However, people don't have good access to courts, we should review our legal aid provision to make sure it helped people who had been the victim of sexual harrassment at work." I would have believed that she both understood the problem and wanted to solve it.

Date: 2018-01-24 02:38 pm (UTC)
danieldwilliam: (Default)
From: [personal profile] danieldwilliam
Sadly I don't think so.

What I mean by time is that launching a legal action for breach of employment law is time consuming. You don't get time off your new job to sue your old job for breach of contract. You don't get the weekend you spent exhausted because you've been worried about appearing in court back. Certainly not at double time.

If what has happened to you is that an employment agency has mispresented a one night job as "chit chatting with wealthy men in glamourous surroundings whilst sipping chilled champagne" and the reality is "being felt up and forced to haggle over the price for sexual services you weren't intending to sell by wealthy men whilst being force fed tequila shooters" then a prefectly rational response is to file it under Unfortunate Experiences and not take any action because life is too short and the damages are likely to be a few hundred quid.

And that allows employment agencies in these circumstances to lower their compliance burden and to shift the risk of compliance with a safe place of work and adherance to contracts to the agency staff.

If Harriet Harmon had said what Maria Miller had said I'd still not be convinced that the government intended to take any action effective action. The fact that it is Maria Miller makes me even more sceptical.

Date: 2018-01-24 12:16 pm (UTC)
calimac: (Default)
From: [personal profile] calimac
John Scalzi's tribute to Le Guin is the best I've read so far.

Date: 2018-01-24 12:49 pm (UTC)
alithea: Artwork of Francine from Strangers in Paradise, top half only with hair and scarf blowing in the wind (Default)
From: [personal profile] alithea
Oh that is indeed lovely, thanks

Date: 2018-01-24 02:25 pm (UTC)
alithea: Artwork of Francine from Strangers in Paradise, top half only with hair and scarf blowing in the wind (Default)
From: [personal profile] alithea
That Blyton story is a nice piece of writing, I enjoyed the take home message conclusion a lot.

Date: 2018-01-25 02:12 am (UTC)
skington: (huh)
From: [personal profile] skington
I'm curious that Rafael Behr's take on Capisceptism hasn't attracted any comments. I'd have thought we'd have been its target audience?

I think Rafael Behr has been a really useful addition to the Guardian's roster of columnists: not only does he have interesting things to say, he socially knows a lot of Tories. That's a valuable and rare hinterland for the Guardian's comment section.

Date: 2018-01-25 11:42 am (UTC)
alithea: Artwork of Francine from Strangers in Paradise, top half only with hair and scarf blowing in the wind (Default)
From: [personal profile] alithea
I'm going to read it over lunch now you've pointed it out :) The headline didn't grab me and I didn't have the brain for reading everything yesterday.

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