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Lots of these feel-good initiatives are actually dictated by very real concerns around legal liability. For example, many corporate diversity programs exist because they're trying to protect the company from the unfavorable EEOC decisions that are required before an employee can file a lawsuit alleging discrimination. When people do things to prevent liability, they can't say they're doing them to prevent liability, or the liability effectively recurs. If such middling statments exist, it's much more likely that judges and juries would consider the action insincere, if not intentionally deceptive and evasive, and disregard it entirely, thus undoing the effect of the program/statement/rule in the first place and potentially inviting additional punishment for the supposed deception. So why is it a good idea for venues to force events to have Codes of Conduct? Because if the venue gets caught up in a Donglegate-esque scandal, they can point to something and say, "We did everything we reasonably could to prevent such an outcome, we told our customers that they needed to warn attendees against such behavior, we acted according to the documented procedure, and we need to get dropped from the suit and/or not have bad press anymore". Whereas, if they don't have such a policy, especially if other venues do, there's more ambiguity and it's much harder to make a decisive argument. This is also a large reason why PR matters so much. Try all you want to find an unbiased jury or a judge totally unmoved by public opinion, couch it in pomp and circumstance until the cows come home, but like it or not, reputations and assumptions matter. You're much more likely to get a positive outcome with a positive reputation v. a neutral or negative one, and PR events frequently become legal props: "Of course we're non-discriminatory, see $LOCAL_NEWS for the story about how we're working so hard to recruit diverse talent!" |