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this post was submitted on 12 Feb 2024
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No Stupid Questions
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presumed innocent until proven guilty... Is a procedural doctrine for courts. It doesn't change the reality of whether or not the individual committed a crime.
You murder someone, you're a murderer, regardless of if you have really good attourneys or you're really good at hiding the body, etc. the presumption of innocence it to protect the rights of accused people; but has no bearing on actual guilt- even if the court of law finds them not guilty.
while the guy presumably has served his time and deserves fair treatment... the OP is also justified in raising this concern with management. Not that management will do anything, because they've already determined it's not a problem. They will, perhaps, accommodate the OP in scheduling them on opposite shifts or placing them away from him.
I mean you are making a fair argument that there's a distinction between your own morals and the binding rules in place. You are free to feel a lot of things that are very bad, but when you act on them you will bump into reality.
That said I think the original comment was meant to say that the only reason he is here is because society through the legal process has found him to be safe to work there.
Now to get beyond the feelings against him OP can obviously talk to HR and make sure they get some distance, but if the courts found him not guilty, he deserves to be there. Imagine serving years in prison, working on yourself until the government finally finds you fit enough to enter society again, only for ppl to kick you out of your job again because of something you tried so hard to leave behind. That's why the prison system usually focuses on rehabilitation instead of punishment in most civil countries.
What I'm saying is, the court's ruling does not have to change the way you feel, but the court also says you have no right to take his job from him unless he commits crimes again. No feeling can measure heavy enough to weigh up against the right for him to live a normal life.
Yeah, exactly. Rehabilitative justice is hard. His victims should never be expected to be near him again, but society needs to give people chances to demonstrate rehabilitation. Denying someone access to half the population guarantees they never rehabilitate. But it’s also fair to say that in America we don’t really bother rehabilitating people and if someone has been to prison multiple times for rape well, I don’t want to be alone with them either and I’d be uncomfortable with my employer forcing me to be alone with them. And that’s the situation as OP has clarified and yeah it definitely sounds like it may be a hostile workplace.
You're absolutely right, that this guy deserves a fresh start. but the OP also deserves - and has a right- to work in a place they presumably feel safe. If I were the OP... my response would be to bring this up with HR; document every interaction with this guy while also actively avoiding interaction with him as much as reasonably possible, and most importantly shut the fuck up about it.
HR can assist with avoiding him, if that's reasonable. (opposite shifts, putting out at opposite ends of the facility, or in places where they're unlikely to cross paths, etc.). But ultimately, the guy deserves a fresh break and OP deserves a place they can feel safe. but if its a one-or-the-other, OP needs to understand; they already hired both of you, so from a business standpoint, that decision is going to come down to... whose loss would be less detrimental to the company's profits.
Terminating the guy simply because she's uncomfortable and he's a convicted rapist... is, unfortunately easily defended in court. If he's also exhibiting patterns of behavior that suggest he's not reformed... (catcalling. derogatory/misogynistic remarks.) it's even easier.
But the other side of that is too: Terminating OP because she harassed a guy is... also easily defended in court.
the company will fire whoever impacts their profit margin the least.
Correction, right to a safe work place, not feel safe. Feeling safe and being safe are different things. And this disconnect is actually a real problem.
But YOU cannot know that "reality" unless (either you are the judge or) you have knowledge of the court's verdict.
Calling someone a criminal without any such knowledge is a false accusation.
Wut?
So. Carrol wasn’t raped by Trump, until 2023?
And therefore Carrol was falsely accusing Trump of raping her until the court made the decision?
Sorry. That’s bullshit. Also, did you catch the part where he has multiple convictions for rape, apparently?
The point I’m trying to make is that a company’s HR team are not a court of law and don’t- and in fact, can’t- operate on the standards you are asking.
They can k my make a reasonable attempt at being fair, and will usually end up doing what’s “best” for the company. They don’t even have to be right. Nevermind moral.
What those standards are basically impossible, considering what you would find moral, what I would find moral; and what… let’s say law-and-order-died-red-republicans would find moral.
What the company has a legal obligation to do? Protect their employees from a hostile work environment. How that goes… I don’t know. Whose right here and whose not… I don’t know.