French Employer Found Liable For This Worker’s Death. If You Call This Working

According to a French court, a railway construction and maintenance company is to be held liable for the work-related death of an employee — but wait until you read what work he was doing when he died.

Having sex with a woman he met on a business trip.

The employee of TSO, identified as Xavier, died February 21, 2013 in Meung-sur-Loire, in the woman's home. TSO logically reasoned that the death was not work-related, because rather than happening in the hotel room they had booked for him, it occurred in the woman's home.

But the French state health insurance CPAM went to court in 2013, asserting the death was the company's responsibility; CPAM deals with cases in which a death or injury occurs away from the job itself.

TSO lost in court in June 2016, then appealed the decision. The company stated that the employee's death was "not as a result of his work but because of the sexual act he had with a complete stranger." CPAM countered that sexual relations were as normal as "taking a shower or eating a meal." The court ruled by citing a law stating that employees are covered for their entire business trip, "whether the accident happened during a professional action or an everyday action."

France 3 reported that, in May 2019, the justice stated the death was an accident at work, ruling that the employee "performing a mission is entitled to the protection provided by Article L 411 -1 of the Social Security Code during the entire time of the mission he performs for his employer." France 3 added that the sexual liaison was an "adulterous sexual relationship," and that attorney Sarah Balluet called the decision "very surprising," adding that "the employer has the opportunity to demonstrate that this accident was unrelated to the professional activity." She said, "This solution is new and deserves that the Court of Cassation decides on this point."

The New York Times reported that Aurélien Boulanger, a lawyer at Gide, an international law firm based in Paris, stated, "There are even more extraordinary cases like that of an employee stung by a wasp while driving a car, considered as a work accident." The Times wrote, "Once it was established that the accident had happened at a place of employment or during time spent on business, it was up to the employer to prove that the event had nothing to do with work, which could be very difficult," he added.

The Times also stated that the French national health insurance fund decrees that the partner of a person who dies in a work-related accident is entitled to 40% of the deceased's annual income as well as some of funeral costs.

There may be cause for hope for French employers: Forbes reported in November 2017, "According to the results of a new study, having sex is rarely the cause of sudden cardiac arrest (SCA). In fact, when researchers examined more than 4,500 cases of cardiac arrest occurring in Portland, Oregon over a 10 year span, they found that only 34 of the cases were linked to having sex in the hour before."

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'F**ked Up Bigoted Trash!' Trans Barista Boots Conservative From Coffee Shop

It's clear who was the bigot here

On Wednesday, a transgender barista booted a young conservative woman from a coffee shop in Lincoln, Neb., attacking her for her political principles. The coffee shop later apologized to the conservative woman and fired the impolite barista — in a move the barista interpreted as evidence of discrimination against transgender people.

"This morning, I was asked to leave Cultiva Coffee and never come back because of my conservative principles," Marilyn Synek, a communications specialist at the Nebraska Family Alliance, wrote on Facebook. Synek had a weekly tradition of eating breakfast at Cultiva. Yet on Wednesday, a barista attacked her for her political views, kicking her out of the shop.

"Today, an employee of the shop approached me and said, 'Marilyn Synek! I didn’t recognize you until now, but I just realized who you are, what you stand for, and the work you do. You are f****** bigoted trash, and we do not want you in our restaurant. Over 80% of the people who work here are queer. You are not f****** wanted in our restaurant, so get out and don’t come back! If you do try to come back, we will all refuse any service to you.' The cafe was busy with other customers who watched the incident transpire," Synek wrote.

"I’ve never broadcasted my political opinions in the shop before, and I have always treated the employees of Cultiva with respect and courtesy. While we, as Americans, can disagree politically, it is very important to maintain civility when interacting with people who hold different world views. Tolerance goes both ways, and the division in our current political climate will perpetuate if we neglect basic civility," she concluded.

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The Center for Freedom and Prosperity Announces Creation of "Stop Biased Banking"

Today, the Center for Freedom and Prosperity announces the creation of their new initiative - "Stop Biased Banking," a branded advocacy platform to organize grassroots opposition to the left-wing activism that is creeping into America's financial services sector.

The project, hosted at www.stopbiasedbanking.com, will serve as a watchdog for left-wing pressure groups that seek to advance their political agendas by forcing banks to sever ties with legal industries that liberal activists deem unsavory.

"The growing pressure on banks to sever their relationships with lawful companies is in direct conflict with free market capitalism," said Center for Freedom and Prosperity President Andrew F. Quinlan. "These activist campaigns seek to starve legitimate industries of their access to the financial system, threatening the principles of consumer choice and competition that underpin our capitalist system. The biased banking movement must end."

In 2012, the Obama administration launched Operation Choke Point which aimed to encourage banks to avoid relationships with a broad list of "high risk" industries such as short-term lenders and gun manufacturers. Though this orchestrated abuse of power has since been ended for good by the Trump administration, the push to separate lawful industries from access to financial services is only intensifying.

In recent years, liberal elitists have gradually intensified their pressure on financial institutions for their relationships with the NRA, for financing the oil and gas infrastructure, and for working with companies operating private detention facilities. This pressure has expanded beyond vocal social media accounts and is now a committed effort of some politicians like Rep. Carolyn Maloney and Rep. Alexandria Ocasio-Cortez.

This represents a gross abuse of power with implications far beyond the nation's gun control and private prison debates. It gets to the question of whether America is governed by the rule of law or if one group of like-minded individuals can decide industry winners and losers. Our nation's economic success and way of life is dependent on the answer.

To learn more about this initiative, visit the Stop Biased Banking website.

For more updates, follow us:

Twitter - @NoBiasedBanking

Facebook - Stop Biased Banking

About the Center for Freedom and Prosperity

The Center for Freedom and Prosperity (CF&P) is a non-profit organization created in October of 2000 to advance market liberalization. The CF&P Foundation and CF&P seek to promote economic prosperity by advocating competitive markets and limited government. The organization accomplishes its goals by educating the American people and its elected representatives.

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The Australian Human Rights Commission’s recommendations for discrimination law reform — which look like they wish to reverse the onus of proof — should concern everyone

In their pursuit to achieve a society devoid of discrimination, they risk undermining natural justice.

Discrimination laws exist to provide redress for victims of egregious acts of discrimination. Given the potential consequences (stress, loss of time and money) that both a plaintiff and accused endure, the process should be appropriately difficult.

However, according to a recent Australian Human Rights Commission discussion paper, the complaints handling process “…should operate in a manner that ensures the availability and accessibility of the process.”

Seemingly innocuous but — when taken in conjunction with their recommendations in the same discussion paper — it reads as if they want to make it easier for people to bring complaints.

The AHRC believes “Consideration should…be given to whether there should be any change to discrimination laws regarding the evidentiary onus of proof.”

Details on this point are scarce. However, previous attempts to alter Australia’s federal discrimination laws provide an insight into the potential make-up of such changes.

A clause proposed in the Gillard Government’s Human Rights and Anti-Discrimination Bill 2012 was interpreted by many as reversing the onus of proof.

That is, once a prima facie case has been established — although Labor could not say definitively if it was a prima facie test — respondents would need to prove their conduct was not unlawfully discriminatory.

Under this model, those accused of discrimination would be required to prove their innocence. This unacceptable infringement on the presumption of innocence was thankfully avoided at the time.

The aim of discrimination law should not be to make it easier to make complaints.

Any suggestion that the evidentiary burden of proof needs amending should be immediately abandoned

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Political correctness is most pervasive in universities and colleges but I rarely report the  incidents concerned here as I have a separate blog for educational matters.

American "liberals" often deny being Leftists and say that they are very different from the Communist rulers of  other countries.  The only real difference, however, is how much power they have.  In America, their power is limited by democracy.  To see what they WOULD be like with more power, look at where they ARE already  very powerful: in America's educational system -- particularly in the universities and colleges.  They show there the same respect for free-speech and political diversity that Stalin did:  None.  So look to the colleges to see  what the whole country would be like if "liberals" had their way.  It would be a dictatorship.

For more postings from me, see TONGUE-TIED, GREENIE WATCH,   EDUCATION WATCH INTERNATIONAL, AUSTRALIAN POLITICS and  DISSECTING LEFTISM.   My Home Pages are here or   here or   here.  Email me (John Ray) here.  Email me (John Ray) here. 

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