FRENCH COURT RESCUES WORKER FIRED FOR DOWNLOADING PORN

Register, UK - In a surprise ruling last month, France's highest court - la Cour de Cassation - ruled that an employee was wrongly dismissed for downloading smut to their work PC. . .

Peugeot justified the sacking on the grounds that it had put out various guidance notes over the years exhorting employees to "refrain from attacks on the personal dignity of their co-workers, and to exhibit the highest moral standards at all times".

Their decision was upheld first by le conseil de prud'hommes (equivalent of a UK employment tribunal) and again in March 2008 at the Rennes court of appeal. The latter noted that by storing these images on disk, the employee was effectively harassing other employees, as well as running the risk of damaging his employer's image.

He then took the matter to the Cour de Cassation. The two chief grounds for contesting his dismissal were that Peugeot had no right to access his files, as they were personal; and that passive use of an IT tool for limited personal ends was not a contravention of his terms of contract, so long as this practice did not impact his performance.

To the surprise of many, the second argument was upheld.

While this ruling, announced on December 8, 2009, would appear to give French employees a green light to download filth and frolics to their hearts' content, the court was clear that it has limited application.

If Peugeot had been able to demonstrate that the downloads had impacted on performance in any way, because the employee was busy doing things he should not during his working day, that would be grounds for dismissal.

Equally, it was determined that size mattered: if the downloads were so big that they interfered with the proper functioning of the system, or came with viruses attached, that also would be grounds for dismissal. Finally, if the content was itself illegal (featuring child abuse, perhaps) or if the terms of employment had specified more closely what an employee could - and could not - download, then Peugeot might have succeeded.

As it is, none of the above appear to have been the case, leaving Monsieur X in the clear - and in line for the receipt of (modest) damages.

NOW GAYS PLAN TO DESTROY THE SANCTITY OF PROSTITUTION

Las Vegas Sun - Men may now join the ranks of Nevada's brothel prostitutes, after a unanimous decision that added language to health codes so male sex workers could be tested for infectious diseases.

A brothel industry lobbyist -- in what could be considered a befuddling double standard -- bemoaned the change, comparing it to the industry's "Pearl Harbor." . . . ."

Men were previously barred in Nevada from the oldest profession because codes specified that prostitutes must undergo "cervical" testing for sexually transmitted diseases, which ruled out men.

Bobbi Davis, owner of the Shady Lady Ranch, a small brothel near Beatty, wanted to add male prostitutes to her stable of sex workers.

And while there have been plans for brothels to hire men in the past, Davis made the first-ever request to have the Nevada State Board of Health add urethral exams to the guidelines. That allows male sex workers to be tested for sexually transmitted diseases. . .

George Flint, the former Assemblies of God minister who has been lobbying for the Nevada Brothel Owners Association for 24 years, said he "reluctantly -- and I underscore reluctantly" agrees to the change. . .

"We've worked hard for years to make the traditional brothel business in this state socially acceptable an something we can be proud of that most Nevadans accept," Flint added. "We have some concerns that this can be diluted by what Ms. Bobbi Davis wants to try."

. . . "It was inevitable with Pearl Harbor we'd have a problem there someday, and we've known this would be a problem, too," he said.

OUR BETA CHART OF IMPORTANT SEX SCANDALS

The sex life of politicians and other public officials has become so complicated that we have tried to reduce it all to an easy to read chart. This is only the beta version and we welcome any additions or corrections.