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Author Topic: Maid Sues Heiress Over HIV Test Requirement  (Read 20927 times)

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Offline Inchlingblue

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Maid Sues Heiress Over HIV Test Requirement
« on: June 16, 2010, 06:43:03 pm »
I hope she wins the suit and gets a lot of money.

An experienced housekeeper in New York is suing a prospective employer, charging she demanded that the housekeeper take and pass an HIV test before starting her job.

Agnes Cybulska, who has been in the relatively unregulated housekeeping industry for 19 years, is suing Dana Hammond, the heiress to the Annenberg family, according to The New York Times. Cybulska answered an ad she found on Craigslist posted by an employment agency that called for an "experienced executive Polish housekeeper." Duties included supervising the domestic staff, cleaning, running errands, and caring for Hammond's daughter.

When Cybulska visited Hammond at one of her homes in January, she said, Hammond told her the job would not pay the advertised $1,000 per week, but instead $150 daily, for nine hours, without benefits or overtime.

In a second interview, according to Cybulska, Hammond demanded that she take and pass an HIV test, something Hammond has required of everyone on her domestic staff. Hammond said she had recently been tested herself after using a toilet that seemed unsanitary; the statement struck Cybulska as odd. Cybulska then informed the employment agency that Hammond was demanding the test be administered, and soon after agency executives informed her that she was not right for the position.

Cybulska's suit, filed Tuesday in a state court in Manhattan, says the testing requirement violates New York City's Human Rights Law. It names both Hammond and the employment agency, Domestic Job Picks, as defendants. Their representatives were not available for comment to the Times.

Discriminating against someone with HIV is also illegal under the federal Americans With Disabilities Act.


LINKS:

http://www.advocate.com/News/Daily_News/2010/06/16/Maid_Sues_Heiress_Over_HIV_Test_Requirement/

http://www.nytimes.com/2010/06/16/nyregion/16nanny.html?src=mv

Offline Just John

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #1 on: June 16, 2010, 07:13:40 pm »
Hammond said she had recently been tested herself after using a toilet that seemed unsanitary

The only thing unsanitary is her mind.

-John.
Some cause happiness wherever they go; others, whenever they go.

Offline hotpuppy

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #2 on: June 16, 2010, 07:20:26 pm »
I wonder what defines "passing"?  Let's see, HIV is a bug, bugs bite... Did I pass?
Don't obsess over the wrong things.  Life isn't about your numbers, it isn't about this forum, it isn't about someone's opinion.  It's about getting out there and enjoying it.   I am a person with HIV - not the other way around.

Offline Matty the Damned

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #3 on: June 16, 2010, 07:22:01 pm »
This is the bit that stands out for me:

When Cybulska visited Hammond at one of her homes in January, she said, Hammond told her the job would not pay the advertised $1,000 per week, but instead $150 daily, for nine hours, without benefits or overtime.


Surely this is a breach of NY state industrial law.

MtD

Offline Inchlingblue

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #4 on: June 16, 2010, 07:25:56 pm »
The Times article elaborates:

The lawsuit, if unusual in its particulars, does offer yet one more view into the world of domestic workers and their employers. Advocates for domestic workers say excessive demands are far too common because nannies and housekeepers have long been excluded from most labor law protections.

Albany lawmakers hope to ease the workers’ quandary. This month the State Senate passed the Domestic Workers Bill of Rights, which seeks to give workers protections enjoyed by most other employees. The State Assembly passed a similar bill last year, and lawmakers are working to reconcile the two bills before the end of the legislative session.

Offline madbrain

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #5 on: June 16, 2010, 08:34:25 pm »
This is the bit that stands out for me:

When Cybulska visited Hammond at one of her homes in January, she said, Hammond told her the job would not pay the advertised $1,000 per week, but instead $150 daily, for nine hours, without benefits or overtime.


Surely this is a breach of NY state industrial law.

MtD

Well, if she expects the maid to work 7 days a week it would be $1,050 a week . That comes out to $16.6/day which is well above minimum wage. The lack of overtime would probably be against NY labor laws, though. But not the lack of benefits.

Anyway, good of the maid to sue ! I hope she wins big.

Offline Miss Philicia

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #6 on: June 16, 2010, 08:56:14 pm »
Odd that nobody remarked on how the heiress also spec'd out a white lady for the job.
"I’ve slept with enough men to know that I’m not gay"

Offline Matty the Damned

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #7 on: June 16, 2010, 08:57:17 pm »
Odd that nobody remarked on how the heiress also spec'd out a white lady for the job.

You mean the "Polish housekeeper" thing?

MtD

Offline Miss Philicia

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #8 on: June 16, 2010, 09:00:49 pm »
You mean the "Polish housekeeper" thing?

MtD

Yes, of course.  Are Polish people better with Mop-N-Glo and diaper management?  I missed that memo.

I know how this all works in Manhattan.  Don't specify the Polish, you get a Jamaican.
"I’ve slept with enough men to know that I’m not gay"

Offline Boze

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #9 on: June 16, 2010, 09:07:34 pm »
I think someone hiring a maid for their house can be expected to specify what kind of person to hire. One thing is hiring practices by companies, another private individuals.

I'm a libertarian and believe that if she wants a virgin Philipino maid who speaks Chinese and can do backflips - that's her choice.
==========
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Offline Matty the Damned

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #10 on: June 16, 2010, 09:11:48 pm »
Yes, of course.  Are Polish people better with Mop-N-Glo and diaper management?  I missed that memo.

I know how this all works in Manhattan.  Don't specify the Polish, you get a Jamaican.

See I was thinking it was a reference to Lemon Pledge. Yer learn sumthin' every day!

MtD

Offline Matty the Damned

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #11 on: June 16, 2010, 09:13:33 pm »
I'm a libertarian and believe that if she wants a virgin Philipino maid who speaks Chinese and can do backflips - that's her choice.

How utterly delicious. :D

So are you a Penn Jillette style anarcho-capitalist or a Ron Paulbot?

MtD

Offline Boze

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #12 on: June 16, 2010, 09:22:24 pm »
How utterly delicious. :D

So are you a Penn Jillette style anarcho-capitalist or a Ron Paulbot?

MtD

Don't know what they believe in. But I think some things should be left to individuals to sort out between them. Can't expect courts of government to get involved all the time.


==========
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Apr10 - cd4 600
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Offline Miss Philicia

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #13 on: June 16, 2010, 09:25:48 pm »
Don't know what they believe in. But I think some things should be left to individuals to sort out between them. Can't expect courts of government to get involved all the time.




So you think it's OK to require HIV test of prospective employees?  Fascinating.
"I’ve slept with enough men to know that I’m not gay"

Offline Boze

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #14 on: June 16, 2010, 09:29:43 pm »
So you think it's OK to require HIV test of prospective employees?  Fascinating.

Like I said - I think there is a difference between companies and individuals. A company should not be allowed to discriminate based on a number of factors, HIV status being one of them.

An individual hiring someone should be free to pick whoever they want for whatever reasons. Just like we don't have to explain to anybody what barber we use or which florist we frequent.

==========
Aug08 - Seroconversion
Mar10 - Diagnosis; cd4 690 - VL 19,000
Apr10 - cd4 600
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Offline Miss Philicia

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #15 on: June 16, 2010, 09:34:12 pm »
Like I said - I think there is a difference between companies and individuals. A company should not be allowed to discriminate based on a number of factors, HIV status being one of them.

An individual hiring someone should be free to pick whoever they want for whatever reasons. Just like we don't have to explain to anybody what barber we use or which florist we frequent.



So, say a sole proprietorship employing 10 people can require an HIV test?  Or do you just mean one person hiring one other person, but not two people?  The heiress was doing this HIV test for all staff. 
"I’ve slept with enough men to know that I’m not gay"

Offline Boze

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #16 on: June 16, 2010, 09:39:06 pm »
So, say a sole proprietorship employing 10 people can require an HIV test?  Or do you just mean one person hiring one other person, but not two people?  The heiress was doing this HIV test for all staff. 

A sole proprietorship sound like a company to me - whose purpose is to provide services or make goods for the market at large. Hence no HIV tests.

One person (or household) hiring domestic staff - whether it's one cleaner or ten - is a different case. She is the sole consumer and should have the right to pick whoever she sees fit.
==========
Aug08 - Seroconversion
Mar10 - Diagnosis; cd4 690 - VL 19,000
Apr10 - cd4 600
May10 - VL 4,500
Jun10 - started Atripla ; VL 113
Jul 10 - UD vl, CD4 590
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Offline Miss Philicia

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #17 on: June 16, 2010, 09:50:23 pm »

One person (or household) hiring domestic staff - whether it's one cleaner or ten - is a different case. She is the sole consumer and should have the right to pick whoever she sees fit.

So then the HIV test is OK in this case?
"I’ve slept with enough men to know that I’m not gay"

Offline odyssey

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #18 on: June 16, 2010, 09:52:58 pm »
This heiress was using an employment agency, so borzel's point is moot!
01/09/09- diagnosed HIV+
01/16/09   CD4-425    22%  VL- 32,415
11/09- started Reyetaz/Norvir/Truvada
03/10- stopped R/N/T
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03/14- switched back to R/N/T due to severe nausea and inability to eat on T/E.
 
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Offline Boze

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #19 on: June 16, 2010, 09:57:16 pm »
So then the HIV test is OK in this case?

Yes. I am not concentrating on HIV - for example I think she would be entitled to  request anything -  specific language skills, marital status, age, etc.

This heiress was using an employment agency, so borzel's point is moot!

I'm not sure of the logistics involved, only talking about general principle.
==========
Aug08 - Seroconversion
Mar10 - Diagnosis; cd4 690 - VL 19,000
Apr10 - cd4 600
May10 - VL 4,500
Jun10 - started Atripla ; VL 113
Jul 10 - UD vl, CD4 590
Aug 10 - UD, CD4 810, 52%
Nov 10 - UD, CD4 980

Offline WillyWump

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #20 on: June 16, 2010, 10:00:28 pm »
Odd that nobody remarked on how the heiress also spec'd out a white lady for the job.

The heiress obviously doesnt want a situation such as this...

http://www.youtube.com/watch?v=rEOSehGMwB4

POZ since '08

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Current Meds: Prezista/Epzicom/ Norvir
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Offline Miss Philicia

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #21 on: June 16, 2010, 10:03:49 pm »
The heiress obviously doesnt want a situation such as this...

http://www.youtube.com/watch?v=rEOSehGMwB4



Uh, this isn't an ADAP funding thread.
"I’ve slept with enough men to know that I’m not gay"

Offline WillyWump

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #22 on: June 16, 2010, 10:07:55 pm »
Uh, this isn't an ADAP funding thread.

I'm sorry, but I couldnt find anywhere else to put my Mexican Housemaid clip.

-Will
POZ since '08

Last Labs-
11-6-14 CD4- 871, UD
6/3/14 CD4- 736, UD 34%
6/25/13 CD4- 1036, UD,
2/4/13, CD4 - 489, UD, 28%

Current Meds: Prezista/Epzicom/ Norvir
.

Offline tednlou2

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #23 on: June 16, 2010, 10:36:52 pm »
Isn't that the same family who gives money to a lot of causes and I always see listed as a sponsor of many PBS programs? 

My partner and I were just debating the other night whether employers can make you take an HIV test.  He thought some medical jobs could require an HIV test--like nurses and docs.  But I wasn't sure.

Offline skeebo1969

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #24 on: June 16, 2010, 10:39:12 pm »
My partner and I were just debating the other night whether employers can make you take an HIV test.  He thought some medical jobs could require an HIV test--like nurses and docs.  But I wasn't sure.

LOL I sure hope not Teddy. :-[
I despise the song Love is in the Air, you should too.

Offline Matty the Damned

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #25 on: June 16, 2010, 10:50:16 pm »
Universal cross infection procedures should negate the need for compulsory HIV testing of health care professionals.

MtD

Offline anniebc

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #26 on: June 16, 2010, 10:55:21 pm »
Universal cross infection procedures should negate the need for compulsory HIV testing of health care professionals.

MtD

Right as always.

Hugs
Jan :-*
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Offline Rev. Moon

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #27 on: June 16, 2010, 10:56:31 pm »
borzel's point is moot!

Yup. He likes to contradict everybody just for shits and giggles. He must be a riot in real life. 

This woman got tested because she "used a toliet that seemed unsanitary"? What did she use it for, to have unprotected sex?  She must have been hanging out with la Philicia at Sound Factory.

I can't believe that someone who should have some sort of education thinks this way.  This is not 1984. 
"I have tried hard--but life is difficult, and I am a very useless person. I can hardly be said to have an independent existence. I was just a screw or a cog in the great machine I called life, and when I dropped out of it I found I was of no use anywhere else."

Offline skeebo1969

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #28 on: June 16, 2010, 11:34:03 pm »
Universal cross infection procedures should negate the need for compulsory HIV testing of health care professionals.

MtD

This aspect does not register for some reason here where I am.  I've discussed the possibilities with many people in the health care profession, including my doctor, about becoming a RN with my pos status,  not one person has told me it is possible yet.  Mind you, it hasn't deterred me in the least, but it is kind of disappointing.
I despise the song Love is in the Air, you should too.

Offline Matty the Damned

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #29 on: June 16, 2010, 11:43:46 pm »
This aspect does not register for some reason here where I am.  I've discussed the possibilities with many people in the health care profession, including my doctor, about becoming a RN with my pos status,  not one person has told me it is possible yet.  Mind you, it hasn't deterred me in the least, but it is kind of disappointing.

I feel for you Skeets. Restrictions on HIV positive clinicians have no basis in sound practice or in science.

This will be of little comfort for you, but in Australia there is no compulsory HIV testing for any health care worker and no HIV positive HCW is required to disclose their HIV status to anyone - patient or employer.

But don't let this stuff deter you. Stupid restrictions like this will not change unless people in your position take the cudgels up demand that change.

MtD

Offline Inchlingblue

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #30 on: June 17, 2010, 12:37:02 am »
Odd that nobody remarked on how the heiress also spec'd out a white lady for the job.

I can be so dense sometimes. When I read the Polish housekeeper part I was stumped, wondering why on Earth would she specify Polish?! Duh.

 

Offline Matty the Damned

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #31 on: June 17, 2010, 12:46:26 am »
I can be so dense sometimes. When I read the Polish housekeeper part I was stumped, wondering why on Earth would she specify Polish?! Duh.

 

Like I said, Lemon fucking Pledge! :)

MtD

Offline tednlou2

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #32 on: June 17, 2010, 01:17:37 am »
This aspect does not register for some reason here where I am.  I've discussed the possibilities with many people in the health care profession, including my doctor, about becoming a RN with my pos status,  not one person has told me it is possible yet.  Mind you, it hasn't deterred me in the least, but it is kind of disappointing.

I have no idea what the laws are about healthcare workers.  Do some states require them to take an HIV test?  I know they can require you to get vaccinations.  That came to a head during the H1N1 ordeal. 

Offline mecch

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #33 on: June 17, 2010, 03:58:20 am »
I have never heard of this person, who is supposed to be an Annenberg "heiress" or as one story put it, "the" heiress (as if there were only one).  The Annenberg's have never been known to be stupid nor uninformed.
This person must be a real black hole, insulated by money to a point of worthlessness to the human race. What a pity for a family that did so much good with their money for a long time...

 
“From each, according to his ability; to each, according to his need” 1875 K Marx

Offline Matty the Damned

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #34 on: June 17, 2010, 04:05:28 am »
I have never heard of this person, who is supposed to be an Annenberg "heiress" or as one story put it, "the" heiress (as if there were only one).  The Annenberg's have never been known to be stupid nor uninformed.
This person must be a real black hole, insulated by money to a point of worthlessness to the human race. What a pity for a family that did so much good with their money for a long time...

Tell us, what do you know about the Annenbergs?

MtD

Offline mecch

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #35 on: June 17, 2010, 06:33:23 am »
No way, José! Already got shit for meeting Elton John. 
But you can google them if you are interested. Huge philanthropic family and respected and liked in that world.
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Offline newt

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #36 on: June 17, 2010, 06:52:00 am »
Quote
One person (or household) hiring domestic staff - whether it's one cleaner or ten - is a different case.

Persons from rich families are not individuals, they are companies, as I am sure their tax lawyers will tell you. Plus, being the top dogs of the free world, a virtue surely enjoyed by natural and just advantage, ie inherited wealth, and believing in all that Jackie Kennedy human rights stuff as they do at them cocktail parties and philanthropic dinners, they should be well setting an example (<< I left out a word to be polite)
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Offline BlueMoon

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #37 on: June 17, 2010, 07:13:42 am »
Suppose she wants to set an example by hiring only an HIV+ maid.  Would that be ok?
It's a complex world

Offline mecch

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #38 on: June 17, 2010, 07:16:53 am »
Oh, add to the insult, her husband is a neurologist at NYHospital/Cornell Med!!!!
What a c*nt.
“From each, according to his ability; to each, according to his need” 1875 K Marx

Offline Matty the Damned

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #39 on: June 17, 2010, 07:19:30 am »
Oh, add to the insult, her husband is a neurologist at NYHospital/Cornell Med!!!!
What a c*nt.

You know if you're motivated enough to call someone a cunt you might as well just use it properly rather than bowdlerising it.

 ::)

MtD

Offline mecch

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #40 on: June 17, 2010, 07:29:44 am »
See the work fuck here but never seen cunt.

One puts the * not to disguise the word rather to express one's awareness that others might take offense to a necessary vulgarity.

Wouldn't bowdlerising be omitting the word from a quote?

I'll never be as in your face and vulgar as you MTD, though we love you for it!
“From each, according to his ability; to each, according to his need” 1875 K Marx

Offline mecch

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #41 on: June 17, 2010, 07:34:25 am »
These years in Switzerland are changing the way I communicate.  Public vulgarity is a crime here. Call a cunty woman a cunt on the street and she can have you arrested!

Cunt generally being one of those taboo words that I think only woman can use in certain situations. Like Fag, kike, dago, wetback, and nigger.  I mean I could say cunt in a gay bar to another fag, but its pretty strong for a man to say it in a public forum like this, no?
“From each, according to his ability; to each, according to his need” 1875 K Marx

Offline Jeff G

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #42 on: June 17, 2010, 07:39:03 am »
I dream of a day when we all can say the word cunt without everyone in the room looking at you as if they smell something fishy .   
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Offline mecch

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #43 on: June 17, 2010, 07:46:35 am »
Hey I just looked up cunt and learned its more for a man, when used in public in Britain, and in the Australian New Zealand orbit, can even be positive??? True?    Learn something new everyday!

# (Australian, New Zealand,  British,  positive comment,  colloquial, countable) When used with certain adjectives such as good or funny, cunt can be used to describe a person in a positive manner. This is mostly done between male friends.

    Yes, I do remember Dave, he was one funny cunt.
    Tom's a good cunt, he fixed my car and didn't even charge me for it!

http://en.wiktionary.org/wiki/cunt
“From each, according to his ability; to each, according to his need” 1875 K Marx

Offline Jeff G

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #44 on: June 17, 2010, 07:49:53 am »
Thats great mecch . Thanks for being a cunt and finding that for us ... twat a guy !
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Offline mecch

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #45 on: June 17, 2010, 08:10:50 am »
Thats great mecch . Thanks for being a cunt and finding that for us ... twat a guy !

I think you need to put an adjective before the cunt for it to work.
'You're a right old "swell cunt" to look that up.'
“From each, according to his ability; to each, according to his need” 1875 K Marx

Offline Dachshund

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #46 on: June 17, 2010, 08:21:30 am »
I wonder what kind of contract Sir Elton requires of the servants? Mecch, get on that for us.

Offline Jeff G

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #47 on: June 17, 2010, 08:21:59 am »
I think you need to put an adjective before the cunt for it to work.
'You're a right old "swell cunt" to look that up.'

Thanks again ... I think you got it licked .
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Offline Boze

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #48 on: June 17, 2010, 08:28:29 am »
Yup. He likes to contradict everybody just for shits and giggles. He must be a riot in real life. 

This woman got tested because she "used a toliet that seemed unsanitary"? What did she use it for, to have unprotected sex?  She must have been hanging out with la Philicia at Sound Factory.

I can't believe that someone who should have some sort of education thinks this way.  This is not 1984. 

I do, if I think the consensus is getting too comfortable with the prevailing view. I think someone should step in and say - hold on, this may not necessarily the right view just because we all think so.

I partied at the Sound Factory in the 90s too actually, but probably different crowd :)

==========
Aug08 - Seroconversion
Mar10 - Diagnosis; cd4 690 - VL 19,000
Apr10 - cd4 600
May10 - VL 4,500
Jun10 - started Atripla ; VL 113
Jul 10 - UD vl, CD4 590
Aug 10 - UD, CD4 810, 52%
Nov 10 - UD, CD4 980

Offline john33

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Re: Maid Sues Heiress Over HIV Test Requirement
« Reply #49 on: June 17, 2010, 09:12:21 am »
Thanks again ... I think you got it licked .

Ewwww

 


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