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Imagine being in prison and getting raped by some guy in the shower yet you keep taking showers. You adapt to hostile conditions out of neccesity and helplessne
by _8j50 4y ago
Imagine being in prison and getting raped by some guy in the shower yet you keep taking showers. You adapt to hostile conditions out of neccesity and helplessness.
That's an extreme, but you get the point. When the law says get consent, it clearly means there is none implied by participation. Even if the employee signs a paper on their own volition granting consent, your inability or refusal to obtain that consent makes you a violator of the law because as far as you know and can prove in court, your finger print collection was being done without you specifically knowing about that employee's consent. It is your state of mind and intent that is a violation of the law .
- donatj 4y agoThat’s just a bad take. No one is forcing you to work at White Castle
- _8j50 4y agoCoercion was never a factor in the law. Even if you wanted your fingerprints taken, you can still sue them for taking it without consent. It is a restriction put into place to enforce a practice. Another example would be medicine, even if you took medicine knowing possible side effects, the maker of the medicine is still culpable if they don't follow FDA rules. You can't say consent was implied when the law is telling you a definition of what viable consent is in a specific way. You can't just ignore the law and make excuses or blame the employees. On their part, they only have to prove that fingerprints were taken and consent was not. If you are they can just quit, then the entire point of the law is sl they won't have to and instead punish the company.
- nulbyte 4y agoExtreme, yes, and also a faulty analogy. I don't think White Castle took an employee's finger and placed it on the reader by force.