Memphis, TN - Memphis, Light, Gas, & Water sued in federal court over allegations of religious discrimination, harassment & retaliation

by AndersonsInfo 23 Replies latest jw friends

• 

  AndersonsInfo

  http://www.fox13memphis.com/top-stories/mlgw-sued-for-religious-discrimination-harassment-retaliation/496547868

  NEWS VIDEO INCLUDED
  

  MLGW sued for religious discrimination, harassment & retaliation

  by: Jim Spiewak Updated: Feb 22, 2017 - 6:41 PM
  

  Memphis, TN - Memphis, Light, Gas, and Water is being sued in federal court over allegations of religious discrimination, harassment and retaliation.
  

  A 20 page lawsuit filed Tuesday by current employee, Jason Small, alleges management has not allowed him to work a shift that allows for him to meet his religious obligations as a Jehovah’s Witness.
  

  “If you're a Jehovah’s Witness you are required to attend a number of religious services that happen to be on known days of the week,” said Small’s attorney, Maureen T. Holland.
  

  Up until 2013, Small was in a position to work and meet his religious duties. That was until he got hurt on the job and was granted permanent disability.
  

  His injuries healed but prevented him from continuing as an electrician so he needed to find a new position within the company.
  

  He alleges every time an opportunity came up, management wouldn't hire him, keeping him in a job where he's had to decide between religion and work.
  

  “If you're a Jehovah’s Witness you are required to attend a number of religious services that happen to be on known days of the week,” said Small’s attorney, Maureen T. Holland.
  

  Up until 2013, Small was in a position to work and meet his religious duties. That was until he got hurt on the job and was granted permanent disability.
  

  His injuries healed but prevented him from continuing as an electrician so he needed to find a new position within the company.
  

  He alleges every time an opportunity came up, management wouldn't hire him, keeping him in a job where he's had to decide between religion and work.
  

  Holland said, “MLGW management has refused to properly allow him to attend his religious services.”
  

  The suit claims Small has worked at MLGW for nearly two decades and he still works here now.
  

  Holland said Small filed an Equal Employment Opportunity complaint which was forwarded onto the Department of Justice which reviewed the file and said, “Small has the right to institute a civil action under the Civil Rights Act of 1964."
  

  “It's reasonable because of the size of this particular employer to request that your religious beliefs be accommodated,” Holland said.
  

  Small also alleges in the suit he was disciplined for missing work and clocking in late because of his religious obligations, something he claims happened to other employees without penalty.
  

  MLGW did not respond to requests for comment.
  

  Holland said, “MLGW management has refused to properly allow him to attend his religious services.”
  

  The suit claims Small has worked at MLGW for nearly two decades and he still works here now.
  

  Holland said Small filed an Equal Employment Opportunity complaint which was forwarded onto the Department of Justice which reviewed the file and said, “Small has the right to institute a civil action under the Civil Rights Act of 1964."
  

  “It's reasonable because of the size of this particular employer to request that your religious beliefs be accommodated,” Holland said.
  

  Small also alleges in the suit he was disciplined for missing work and clocking in late because of his religious obligations, something he claims happened to other employees without penalty.
  

  MLGW did not respond to requests for comment.
• 

  WingCommander

  So this guy is a "moocher", who's pissed because the job opportunities offered to him by his employer, don't meet his religious schedule? GTFOOH, asshole!!!! Your employer is not responsible, not do they care, about your "religious meeting schedule." That has NOTHING to do with work. Do you want to eat? Better get to work, cause the Elduh's sure as hell aren't going to help you out!! This guy is just pissed that his disability is no longer willing to pay out for him to be a lay-about and/or Pioneer on the Government's dime!!!!! He's royally pissed that the company offered him an alternative job, and is using "meeting times" as an excuse not to accept the offered alternate positions. Guess what? That's HIS freakin' problem!! Talk about a sense of self-entitlement! But then again, this is the JW mindset isn't it? That the "world" somehow revolves around THEM, thinks THEY are so wonderful, God's Chosen People, etc. Freakin' pathetic. This guy is a disgrace, a parasite, and a lazy BUM. I hope the Judge sees this as what it is, and tosses the case right out.
  
• 

  kpop

  Everything WingCommander said!
  
• 

  sparky1

  That sad thing is that this witness may have a circuit assembly 'testimonial' in the making. Persecuted for righteousness sake.
  
• 

  Hecce

  Please read, he has a good legal case:

  1. Are employers required to accommodate the religious beliefs and practices of applicants and employees?

  Yes. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on religion. This includes refusing to accommodate an employee's sincerely held religious beliefs or practices unless the accommodation would impose an undue hardship (more than a minimal burden on operation of the business). A religious practice may be sincerely held by an individual even if newly adopted, not consistently observed, or different from the commonly followed tenets of the individual's religion.

  https://www.eeoc.gov/eeoc/newsroom/wysk/workplace_religious_accommodation.cfm
  
• 

  StephaneLaliberte

  I think the key here is that this is not a small company. They very likely do have the ability to accommodate him and choose not to.

  The guy worked there for the last 20 years! 20 years!!!! Where's the respect and appreciation for all the years they were happy with his work? Some employers treat their employees like slaves and have no gratitude at all. Instead of prioritising an honest pay/treatment for an honest worker, they'll spend millions in fanciful corporate spending (art, real estates, trips, events, etc).

  I remember once, I had a job and my manager was PURPOSEFULLY booking me on my meetings, all three of them, every week! I ended up quitting that job in a spectacular way. The point here is that some people will deliberately try to get in way of people trying to live their lives, even if that is a religion you disagree with. This type of attitude is wrong and reprehensible. This is precisely why laws are created, to protect people for that type of abuse.

  Of course, we heard his side of the story. If it is like he says it is, than, I hope he wins!
• 

  StephaneLaliberte

  sparky: Yes, this is a straight ticket to the regional convention's front stage! I bet that this reward is in large part responsible for his will to fight his employer!
• 

  AFRIKANMAN

  A company is entitled to make decisions in the best interests of the company - Which is generally.......preserve the bottom line.

  Please let us see the next episode in this case US friends ! It could be significant in terms of how Labour Law is used in this case.

  The company has already gone the extra mile in finding him the alternative post -

  He has made a lot of unsubstantiated claims and he is going to find it hard to bring Substance to that.

  You can make all sorts of requests of your employer but circumstance may mitigate against the employer being able to accede to you requests for all sorts of reasons. Talk about being reasonable before all men!

  Would like to get the facts regarding why he clocked - in late ?? Was it for an evening or night shift ? Because if it was for a normal day shift it would be a ludicrous act on his part ! " I was manning a Trolley Cart at the railway station this morning ......its my right to be late !""
  
• 

  darkspilver

  kpop: Everything WingCommander said!

  hmmm
  
  MLGW - Board of Light, Gas and Water Commissioners
  Meeting Minutes - 6 February 2014

  Mr. Jason Small addressed the Board noting he has been employed at MLGW for seventeen years and had not received any reprimands or discipline. He stated in the last four years he has undergone three wrist surgeries due to an injury on the job. After the last surgery, he was given a letter stating that he would not be able to work in his position due to a permanent restriction of heavy lifting. He stated he took the letter to the MLGW employee health nurse and was told he must leave immediately and would be contacted by Human Resources. He stated after three weeks he had not received a call from the HR Department, so he contacted them. During the call he stated he was told he had twelve months to find a job within the company for which he was qualified. He contacted HR regarding an open position for an Inspector in Revenue Protection. He stated he was told it was not MLGW policy or procedure to place bargaining unit employees in those type positions. He was later placed in a position which he described as stressful and is addressing the Board to make them aware of his situation. He noted he is knowledgeable in many areas of MLGW's business and wants to continue working at MLGW.

  http://www.mlgw.com/images/content/files/board_meeting/SignedApprovedMinutes002014.pdf

  And actually it just looks like he's asking for a job with similiar work hours / shift patterns as his original job - as MLGW is a large company they should be able to find him suitable employment, but according to him they haven't.

  And the OP story states that the Department of Justice has already reviewed the case and believes it has merit to proceed: “Small has the right to institute a civil action under the Civil Rights Act of 1964."
  
• 

  Hecce

  In the US on labor matters before starting a legal proceeding you have to get approval from the EEOC, the fact that they authorized his right to go forward is an indication that his case has some merit. Clearly the final determination will be made at the hearing, most of the time a settlement will be reached before that.