Wednesday, April 18, 2007
I came across this article about workplace injuries. It took me back to what I had talked about, in my occupational hazards post.
A phone sex operator in Florida was awarded a workers' compensation, after she was injured from masturbating at work.
While some consider this tale to be another example of America's "I sue, you sue, we all sue" culture, it seems unfair to say that just because someone derives pleasure from her job, it is frivolous to sue for an injury caused by that pleasure. After all isn't masturbatory carpal tunnel for a legal sex worker no different than typing carpal tunnel for a secretary? On the other hand, judges and juries might not be inclined to see it that way. After all, can you imagine a porn star attempting to get cash for a sex-related stress injury? Even in Australia, where prostitution is legal, "sex workers have entitlement to workers compensation for a work-related injury," but "[i]n practice this rarely occurs."
So as ridiculous as these cases may appear on the surface, they raise an important question that I'll throw out to you readers: Should the morality of one's job be called into question when interpreting employment law?
Quotes from Do Sex workers deserve Workers compensation by Emil Steiner of the Washington Post.
The morality question is interesting. I wonder what chances an escort who was outed at her day job, would have if she took it to an employment tribunal?