Posted on 02/09/2017 4:55:56 AM PST by SJackson
If you'd like to be on or off, please FR mail me.
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It's been my understanding that in cases such as this that the courts have taken the position that an employer has the right not to hire an employee or to make accommodation for religious observance. But once that accommodation has been made for a period of time, changing the policy must be for a substantial business reason. Usually this comes up when a new supervisor objects to the accommodation and changes it. Accommodation in the context of scheduling days off on the religious holiday, not as extra days off.
Anticipating the question, the judge is a GWB appointee.
Wanna bet what would have happened had she requested islamic holidays off?
You read my mind.
One thing that confused me: Almost all workplaces, especially Government ones, have a leave system. You put in a leave form and it gets approved. You can also specify the reason for leave. However, if it not an official Holiday (like the Forth of July), you have to take personal leave. Even for a religious holiday.
If this woman did not follow the official procedure, it is her fault. Presenting a list of holidays by itself is not enough. And I would say this for someone of any religion.
She would have been okay if she told them she was taking the time off to go to a college riot, a Black Lives Matter arson party, or a CAIR street rally supporting Jihadis.
A purely political move to subvert RFRA and further diminsh religious liberties AND the First Amendment which is about to go nuclear with trump and Oence in office. Thus the unpublished ruling.
Where’s her vaunted public union here? Religious liberties should be the last thing invoked here as she constantly took the time off and did indeed notify her bosses who chose to arbitrarily follow the letter of the law but not the intent.
(of course my money is on an atheist or Muslim boss making that arbitrary point and the courts know it.)
How could the first African-American judge appointed make the wrong decision? This must be a mistake
Black (er, liberal-extremist-democrat-voters-only) Lives Matter supporter/appointee?
You are correct and I believe there is more to this story than what has been reported. I’ll also add that work is also not a guaranteed right and she has a union if she is a Government employee.
We are a Christian nation, if you are scheduled to work on non-Christian holidays, too bad. Do so or quit. Arrange someone else to cover you if needed. But sue? No, no way.
If the article is accurate, she has followed the same procedure for 26 years. There was no indication or directive from her boss beforehand that she should change her approach. It think that her boss had an issue with her and is attempting to use her Passover absence as a excuse to discipline her.
I had an Orthodox Jewish NCO when I was a platoon leader. With a little discussion and preparation beforehand, our First Sergeant ensured that he never had the duty on Saturdays or religious holidays. He pulled his weekend and/or holiday duties on Sundays, Christmas, Easter, etc...
I smell a poor manager/leader as the root cause here.
However,knowing what this country has become I can easily to see this applying to Christians and Jews but *not* to "protected" moslems.
worked in a clinical (as opposed to an office) area = worked in a clinical (as opposed to an office) area of a hospital
The lady got a new boss in 2014 and had no problem that year with taking time off.
No problem in 2015 either.
No problem in 2016, until that one day when the boss was out.
It didn’t happen right after getting a new boss; there were two years without a problem.
They should take it all the way to the Supreme Court.
She had given a list to her boss every year for 26 years, and the new boss for two out of those 26.
So, why all of a sudden, when the boss is out, the boss lowers the boom on her?
I see less here about her reasons for taking leave than that she apparently did not follow formal procedure for getting her leave approved
The fact it wasn’t enforced for 26 years isn’t a defense when new management decided to follow the rules
And yet they insist on muzz slime foot washing tubs and 5 times a day prayer breaks.
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