bawal na ang green jokes sa cellphone at email?

so, bawal na bang mag-forward ng txt messages at emails na green jokes?

Gov't workers warned vs 'cell porn'
Thursday, July 26, 2001 07:00 PM ZE8

The Civil Service Commission (CSC) said Thursday government employees caught committing sexual harassment via electronic communication devices, such as cell phones, will be dismissed from the service.

In a resolution now being circulated in all government offices throughout the country, the CSC has served notice that nobody, from a rank-and-file employee to a Cabinet official, will be spared from the general rule on sexual e-harassment or harassment through electronic communications.

The rules take effect August 5.

The CSC warned all government officials and employees to think twice before sending indecent and obscene messages through electronic communications.

Messages being banned are sexist jokes, pornographic pictures and lascivious letters that are sent through electronic devices, which include cell phones, electronic mail and fax machines.

It noted that for one, the Internet and emails have opened a whole new area of harassment at work.

The resolution is the CSC's response to the mounting clamor for stricter policies in government offices against the use of communications devices, particularly cell phones, for vulgar purposes.

The CSC has earlier adopted a resolution imposing disciplinary actions against sexual harassment in workplaces.

The rules provide that a first-time offender will be given a verbal reprimand, a second offense will be given a 30-day suspension, while a third-time offense will be dismissed immediately from government service.

To carry out its new policy, the CSC said it will establish partnerships with the country's two telecommunication giants, Smart Communications and Globe Telecoms, for a massive information campaign on the anti-e-harassment resolution.

Microsoft case
Other countries have started regulating the use of technology and implementing rules to control the crime of harassment through the Internet, for one.

In an article on the that provides legal information for professionals, Douglas M. Towns said that said even Microsoft was sued because of the conduct of one of its supervisors over e-mail.

The supervisor allegedly made sexually offensive comments via e-mail, such as referring to himself as "president of the amateur gynecology club."

He also allegedly referred to the plaintiff as the "Spandex queen."

It was also claimed that he sent several sexually explicit e-mails to the entire staff of his department, including one that "contained sexual innuendo referring to male genitalia."

Finally, the plaintiffs also allegedly received an e-mail message titled "Alice in UNIX Land" and a play parody titled "A Girl's Guide to Condoms."

He said that after the discovery phase of the case, Microsoft moved for summary judgment but the judge denied their motion and found that the case should proceed to trial.

"Even traditional companies have faced claims where the main evidence is based on e-mail or other technology," he said, citing as another example Nationwide Insurance, which was sued after a supervisor in the legal department allegedly sent graphic e-mail messages to an employee stating his sexual desire for the plaintiff and evaluating her physical attributes.

Another United States-based company, Chevron Corp. was sued by four employees based on allegations of sexual harassment via e-mail. The case was eventually settled in 1997 for $2.2 million.

Towns further said that voicemail messages also have been successfully utilized in sexual harassment lawsuits in the US. For one, in Webb v. Baxter Healthcare Corp., a sexual harassment plaintiff was allowed to introduce evidence of a sexually suggestive voicemail message that her supervisor had sent to her.

He added that even harassment via the fax machine has been used as evidence in several cases. For example, in Terhune v. Frank, a gender discrimination plaintiff introduced evidence that her supervisor had created a hostile work environment by, among other things, allegedly using the company fax machine to send and receive sexually explicit and "dumb blonde" jokes.


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