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.
Wanna bet what would have happened had she requested islamic holidays off?
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 Thus the unpublished ruling.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
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.
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
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.
Judge Allyson K. Duncan
Duke University School of Law, J.D., 1975
Attorney, Equal Employment Opportunity Commission, 1978-1986
Appointed by President George W. Bush
Duncan was confirmed on a recorded Senate vote of 93-0 on July 17, 2003, and she received her commission on August 15, 2003
The American Bar Association rated Duncan Unanimously Well Qualified for the nomination
Was appointed in 2011 to the Duke University Board of Trustees.
I am having trouble figuring out how this case wound up in the Fourth Circuit. The article said it was moved there at there on the request of the Airport Authority, but on what grounds?
If the plaintiff is a DC resident, as the article indicates, and the defendant Airport Authority is based in the District of Columbia, it would seem that the case would go through the DC Circuit, NOT the Fourth Circuit.
And BTW, there is no indication in this article as to how the District Court below ruled on this case, whichever that District Court that was.
If the past administration can try to force elderly nuns to pay for birth control...
One comment. If the other supervisor said “thanx” that is proof that she could not have been awol. The superior had an affirmative responsibility to say that’s not approved. Notification with a “thanx “ response is tantamount to approval.
The charge of awol was bogus.