Jehovah Witness sues Employer

by wasblind 38 Replies latest watchtower beliefs

  • Yan Bibiyan
    Yan Bibiyan
    As an employer myself, I think it would be nice for any prospective employee to tell me up front what their religious restrictions are regarding their job.

    And should you not hire them for whatever reason, you can easily have a lawsuit on your hands for religious discrimination.

    "Your Honor, my client was denied the position after they informed the defendant of their religious beliefs"

    This is exactly what I meant as a No Win in my comment to JC above.

  • Yan Bibiyan
    Yan Bibiyan
    One does not need to be dressed in costume in order to wrap gifts. Wrapping gifts is what her employer hired her to do. She was willing to perform her job duties.

    Was she physically capable of wrapping gifts in her underwear?

    If you had a job that requires certain attire, say a garbage collector, and you showed up for work in white linen pants, can you do your job? Sure. Would any sensible person do it - not in a million years.

    It comes down to the common sense exercised when applying for the position. I still think Moshe nailed it when he commented that it was her fear of what OTHERS will think if they saw her.

    By the letter of the law she probably has the upper hand, and I am not going to argue that.

    It is frustrating, however, to see resources and brainpower totally wasted for something that was so preventable, if the plaintiff just obeyed the same set of laws that landed her in the hot seat to begin with.

  • Justitia Themis
    Justitia Themis

    And should you not hire them for whatever reason, you can easily have a lawsuit on your hands for religious discrimination.

    "Your Honor, my client was denied the position after they informed the defendant of their religious beliefs"

    This is exactly what I meant as a No Win in my comment to JC above.

    According to the news report, the woman was NOT objecting to wrapping presents but was objecting to wearing religious garb. An elf hat and santa apron are holiday (holy day) garb. That's why people don't wear them year-round.

    The EEOC doesn't take nonsensical cases. They have an intensive investigative process, and an applicant's circumstances must meet a high standard.

    An employer SHOULD be sued if they ask about religious beliefs and then refuses to hire someone because of his/her beliefs UNLESS they can demonstrate that those beliefs interfere with the prospective employee's fulfilling the ESSENTIAL REQUIREMENTS of the job. An example is fire and police applications. They all ask if a person has a religious objection to working on Saturdays. Working Saturdays is an essential part of the police and fire department; therefore, they can refuse to hire someone who will not work Saturdays because of religious beliefs, and it is NOT considered religious discrimination. Employers are not in a no-win situation.

    Costumery is NOT an essential part of wrapping a gift. IF she were hired as a gift wrapper and then refused to wrap birthday and holiday gifts, the EEOC would never bring the case against the employer. In addition, the EEOC usually tried to mediate with the employee and employer and tries to educate the employer so he/she can avoid future problems. The fact that this is going to court indicates that the employer got its panties in a wad, refused to cooperate, and probably lawyered up.

    We don't even know WHAT she was originally hired to do. I had a present wrapped several months ago in a large department store. Gift wrap in this store is combined with customer service, so the people who processed credit card payments were the same people wrapping gifts.

    I find it curious that, with very few facts, people on this board are asserting that she absolutely was objecting to wrapping and not the clothing (wasblind), and that she really afraid of what others will think (Moshe). You people know nothing of the sort!

    Was she physically capable of wrapping gifts in her underwear?

    If you had a job that requires certain attire, say a garbage collector, and you showed up for work in white linen pants, can you do your job? Sure. Would any sensible person do it - not in a million years.

    What the h*ll does this have to do with anything? This is a FIRST AMENDMENT ISSUE!!! Last time I checked, collecting garbage is not.

  • wasblind
    wasblind

    Slow your Roll , Justita

    I wasn't putting the woman on trial, i was basically asking why would she take a job that was associated with the things her religion condemn

  • Yan Bibiyan
    Yan Bibiyan

    JC,

    You are tangling yourself in legalities and missing the big picture.

    This would have been a non-issue, had the lady exercised some common sense and followed the direction of those who otherwise practically own her life.

    If celebrating a certain religious holiday is essentially a death sentence to you, you don't get a job where and when said holiday is in its full swing as someone handling the idols representing this grave sin.

    Where is the personal responsibility?

    This is turning into nothing more but another marquis case of persecution trumpeted by Brooklyn.

  • JWoods
    JWoods
    This would have been a non-issue, had the lady exercised some common sense and followed the direction of those who otherwise practically own her life.
    If celebrating a certain religious holiday is essentially a death sentence to you, you don't get a job where and when said holiday is in its full swing as someone handling the idols representing this grave sin.
    Where is the personal responsibility?

    I agree - back in my days as an elder this person would already have been in trouble for just taking that job.

    But the elders would almost certainly have insisted that she not bring this lawsuit to avoid calling negative attention to the cult.

  • purplesofa
    purplesofa

    When hiring someone to wrap gifts, is it ok to ask if they have any religious objections to wearing certain holiday atire

    and if the answer is yes, does the employer not have the right to say you are not suited for this job?

    I don't think you can let religion control ones business.

    I lost a job managing a furniture store because I did not go to the company X-mas party.

    It's the sacrifices we make for Jehovah, you know?

    purps

  • Yan Bibiyan
    Yan Bibiyan
    I lost a job managing a furniture store because I did not go to the company X-mas party.

    Well, you should have sued and got your back pay..

  • Think About It
    Think About It
    I lost a job managing a furniture store because I did not go to the company X-mas party.

    Purps......no doubt you lost that job, because of the office politics. You not being there put a target on your back, because you were a JW and someone else would use that to undermine you. Not being at the christmas office party probably got the ball rolling, because someone else wanted the job or your boss wanted to give it to someone else. Looking back it makes us wonder about the things we did while in this cult.

    Think About It

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