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This is a legal issue, but I don't see any legal arguments to my analysis, just knee-jerk reactions.
AFAIK know there is no law against wearing a shirt like that. Since it's not against the law it's up to Wal mart to set the policy, as I said if you don't like the policy don't shop or work there.
You're not suggesting we make these shirt illegal are you?
Wal-Mart has institutionalized the sexual harassment of its employees by refusing to evict customers wearing sexually suggestive wording on shirts. Of course, what constitutes sexually suggestive wording is going to be a controversial issue. "Shut the f*** up" probably isn’t suggestive, nor is "leave me the F*** alone.," although the F-word by itself might well be. I will leave categorizing individual words/phrases to lawyers.
The shirt that caught my attention and got me to research this said, "I f*** on the first date." This appears to be suggestive on its face. A web site selling this very shirt brags that this and similar shirts are sexually suggestive, so there should be no argument here. I complained to Wal-Mart and was told there was nothing they could do. They could evict the offending customer if they wanted, but apparently their policy is to only evict customers who commit a crime.
The peopleofwalmart web site has a section called "Profane shirts" which shows photos of dozens of lettered shirts, some of which would be sexually suggestive.
Wal-Mart’s corporate web page on sexual harassment is rather sparse compared to other companies and institutions which enumerate many modalities of harassment:
"We believe in treating each other with respect, whether it’s a co-worker, supplier, customer, or anyone doing business with us.
Harassment: Any conduct which inappropriately or unreasonably interferes with work performance, diminishes the dignity of any person, or creates an intimidating, hostile, or otherwise offensive work environment.
Verbal, visual, or physical conduct of a sexual nature is not acceptable in the workplace and may be determined to be sexual harassment. Examples include: Sexual advances, requests for sexual favors, sexually explicit language, off-color jokes, remarks about a person’s body or sexual activities.
Displaying sexually suggestive pictures or objects, suggestive looks or leering, or suggestive communication in any form.
Inappropriate touching, both welcome and unwelcome. "
"Suggestive communication in any form" is clearly listed, and this would include the wording on shirts. T-shirts are explicitly mentioned on many other corporate and institutional web sites.
The fact that no employee ever complains they have been sexually harassed by such shirts is irrelevant because employers have a duty to proactively protect their employees against being sexually harassed. Once management is notified a customer is roaming around their store wearing a suggestive shirt, they should evict him before he reaches the checkout register and harasses the cashier. Better still, he should be stopped as he enters the store. I think we all know why no Wal-Mart employee ever complains about this.
Forgetting about the harassment angle, the acceptance of this type of shirt in Wal-Mart stores belies any claim by them to be "family friendly." This and the fact that Wal-Mart has institutionalized sexual harassment against employees are two powerful arguments that opponents of Wal-Mart expansion into their communities could use when the issue is brought before local political bodies with the power to approve a new Wal-Mart in their community.
Let the flames begin.
Who cares? If Wal-mart was a pre-school, I could see a problem.
You want to start mandating what paying customers wear to a store?
It IS Wal-mart.
It's not like the employees have more teeth in their heads or smell any better than the average customer.
Is the op a lawyer or something? Because that is one hell of a reach.
Not a lawyer, but have done a lot of legal research over the years that had some impact. It is amazing what one person can do with right and the law on their side.
Brilliant. Simply brilliant. The most significant response I have received so far.
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