Drug store worker wins cash for 'hurt feelings'
Jehovah's Witness awarded $30,000 in Christmas dispute
This newspaperstory from Canada proves it may be dangerous - at lease extremely expensive - to hire a Jehovah's Witness.
Janet Steffenhagen, Vancouver Sun
vansun
The store's actions amounted to discrimination because the man had insisted that decorating the store for Christmas would be contrary to his religious beliefs, the tribunal concluded.
It ordered Victoria businessman Harold Eisler to pay Raymond Jones, a devout Jehovah's Witness, $30,000 in compensation for hurt feelings and wages lost after he walked out of the pharmacy before Christmas in 1998, never to return.
Jones said he was fired because he could not, in good conscience, decorate the store for Christmas. Eisler insisted his former employee quit, and that his refusal to display the "merchandise" was part of a growing pattern of insubordination.
It took only 10 seconds for another employee to put the artificial flowers on display, but by that time the store owner and his long-time employee were at loggerheads.
"This is an unfortunate case," tribunal member Tom Patch said in his written ruling. "Mr. Jones had worked for the store for many years. He and Mr. Eisler had always managed to work out any problems. Mr. Jones was a valued employee. On this occasion, both dug in their heels and a stalemate developed."
Both men refused requests by The Vancouver Sun for interviews.
Jones, a family man in his mid-50s who is now working at a new job for less pay, told a tribunal hearing in September his faith is "the most important thing in his life." He was an elder in his congregation.
Since Jehovah's Witnesses do not celebrate Christmas, Jones had not joined other employees in decorating the store and had told Eisler in the early 1990s that he would rather not handle Christmas merchandise.
He said, however, that he regarded stocking the store as part of his duties and would therefore handle "seasonal" merchandise when asked to do so. "[But] he drew the line at decorating because it was contrary to his Christian conscience," Patch noted in his decision.
A church elder testified it would be unusual for a Jehovah's Witness to decorate a workplace because that would be tantamount to participating in the celebration. But decisions about whether to handle Christmas merchandise are up to the individual.
Two months before the poinsettia feud, Eisler had proposed changes to Jones' job description, which angered Jones to the point he had threatened to sue for wrongful dismissal. Eisler pointed to this as an indication of Jones' growing discontentment, but Patch said that matter was resolved and played no role in the later dispute.
The real issue surfaced in early November 1998 when the store combined decorating efforts with merchandise display for the first time and expected everyone to pitch in, Patch said. Jones was called on to help -- first by hanging a garland and then a cardboard Santa.
He declined, but said the experience left him feeling sick and worried about his job.
When he refused to display the poinsettias, his supervisor, Don Hardy, referred the matter to Eisler, who summoned Jones to his office for a talk.
They argued and Jones walked out, although it's not clear whether he quit or was fired. Two days later, Jones telephoned his former boss to advise him he had violated the human rights code. He taped Eisler stating he was not prepared to give Jones "preferential treatment" because of his religion.
Patch ruled that while the poinsettias were indeed for sale, their primary purpose was decorative. In asking Jones to set them out, the managers were asking him to act contrary to his faith, which Patch said amounts to constructive dismissal.
The tribunal ordered compensation for lost income, expenses and injury to dignity, feelings and self-respect.
Mary-Woo Sims, chief commissioner for the B.C. Human Rights Commission, said complaints about religious discrimination are relatively rare.
From the newspaper National Post
Ordering Jehovah's Witness to move poinsettias ruled discriminatory
Employer must pay $30,000
Janet Steffenhagen
National Post
VANCOUVER - A Shoppers Drug Mart outlet discriminated against an employee when it ordered him to put six artificial poinsettias on display before Christmas despite his insistence that doing so would be contrary to his religious beliefs, the B.C. Human Rights Tribunal has ruled.
In a decision this month, the tribunal ordered Victoria businessman Harold Eisler to pay Raymond Jones, a devout Jehovah's Witness, $30,000 in compensation for hurt feelings and lost wages after he walked out of the pharmacy in 1998, never to return.
Mr. Jones said he was fired after he stated he could not in good conscience decorate the store for Christmas. Mr. Eisler insisted his former employee quit and that his refusal to display the merchandise was only part of a growing pattern of employee insubordination.
It took only 10 seconds for another employee to put the artificial flowers on display, but by that time the store owner and his long-time employee were at loggerheads.
"This is an unfortunate case," tribunal member Tom Patch said in his written ruling. "Mr. Jones had worked for the store for many years. He and Mr. Eisler had always managed to work out any problems. Mr. Jones was a valued employee. On this occasion, both dug in their heels and a stalemate developed."
Both parties refused The Vancouver Sun's requests for interviews.
Mr. Jones, a family man in his mid-50s who is now working at a new job for less pay, told a tribunal hearing last September that his faith was the most important thing in his life. He was an elder in his congregation and attended three meetings per week.
Since Jehovah's Witnesses do not celebrate Christmas, Mr. Jones never joined other employees in decorating the store and had told Mr. Eisler in the early 1990s that he would rather not handle Christmas merchandise.
He said he viewed stocking the store as part of his duties and would therefore handle "seasonal" merchandise when asked to do so. "[But] he drew the line at decorating because it was contrary to his Christian conscience," Mr. Patch notes in his decision.
A church elder testified at the hearing that it would be unusual for a Jehovah's Witness to decorate a workplace because that would be tantamount to participating in the celebration. But decisions about whether to handle Christmas merchandise are up to the individual, he said.
Two months before the poinsettia feud, Mr. Eisler had proposed changes to Mr. Jones' job description. The changes angered Mr. Jones to the point where he had threatened to sue for wrongful dismissal. Mr. Eisler pointed to this as an indication of Mr. Jones' growing discontentment, but Mr. Patch said the matter was resolved and had no role in the later dispute.
The real issue surfaced in early November, 1998, when the store combined its decorating with its display efforts for the first time and expected everyone to pitch in, the tribunal says. Don Hardy, a store supervisor, asked Mr. Jones to hang a garland. Although he refused to do so, Mr. Jones testified that the request left him feeling sick and worried about his job.
A couple of days later, he was asked to hang a cardboard Santa Claus and again refused, explaining it was contrary to his religion. When he refused to display the poinsettias, Mr. Hardy referred the matter to Mr. Eisler, who called Mr. Jones into his office for a talk.
They argued and Mr. Jones walked out, although it is not clear whether he quit or was fired. Two days later, Mr. Jones telephoned his former boss to advise him that he was in breach of the human rights code. Mr. Jones recorded the conversation, in which Mr. Eisler said he was not prepared to give Mr. Jones "preferential treatment" because of his religion.
Mr. Patch ruled that while the poinsettias were for sale, their primary purpose was decorative. In asking Mr. Jones to set them out, the managers were asking him to act contrary to his faith, which amounts to constructive dismissal, he says in his decision.
The tribunal ordered compensation for lost income, expenses and injury to dignity, feelings and self-respect. The tribunal also ordered Mr. Eisler not to commit a similar contravention of the code again.
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I wouldn't hire one of these assholes if they PAYED me for working!
Yakki Da
Kent
"The only difference between a fool and the JW legal department is that a fool might be sympathetic ."
Daily News On The Watchtower and the Jehovah's Witnesses:
http://watchtower.observer.org
