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1 posted on 02/09/2017 4:55:56 AM PST by SJackson
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To: SJackson

2 posted on 02/09/2017 4:58:34 AM PST by Travis McGee (EnemiesForeignAndDomestic.com)
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To: dennisw; Cachelot; Nix 2; veronica; Catspaw; knighthawk; Alouette; Optimist; weikel; Lent; GregB; ..
Middle East and terrorism, occasional political and Jewish issues Ping List. High Volume

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.

3 posted on 02/09/2017 4:59:55 AM PST by SJackson (The Pilgrims—Doing the jobs Native Americans wouldn’t do !)
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To: SJackson

Wanna bet what would have happened had she requested islamic holidays off?


5 posted on 02/09/2017 5:02:20 AM PST by freedumb2003 (Not tired of winning yet!)
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To: SJackson

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.


7 posted on 02/09/2017 5:13:18 AM PST by rbg81 (Truth is stranger than fiction)
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To: SJackson

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.


8 posted on 02/09/2017 5:18:03 AM PST by Iron Munro (If Illegals voted Rebublican 66 Million Democrats Would Be Screaming "Build The Wall!")
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To: SJackson

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.)


9 posted on 02/09/2017 5:19:05 AM PST by Skywise
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To: SJackson

How could the first African-American judge appointed make the wrong decision? This must be a mistake


10 posted on 02/09/2017 5:23:03 AM PST by brucedickinson
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To: SJackson

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.


13 posted on 02/09/2017 5:30:13 AM PST by Reno89519 (Drain the Swamp is not party specific. Lyn' Ted is still a liar, Good riddance to him.)
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To: SJackson
If a ruling like this applies to *all* religions I don't think I'd have a big problem.I,a Christian,worked in a clinical (as opposed to an office) area and was forced to work a number of times on Christmas and Easter.I didn't like it but didn't make a huge stink over it.

However,knowing what this country has become I can easily to see this applying to Christians and Jews but *not* to "protected" moslems.

15 posted on 02/09/2017 5:57:16 AM PST by Gay State Conservative (Deplorables' Lives Matter)
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To: SJackson

worked in a clinical (as opposed to an office) area = worked in a clinical (as opposed to an office) area of a hospital


16 posted on 02/09/2017 5:58:27 AM PST by Gay State Conservative (Deplorables' Lives Matter)
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To: SJackson

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


19 posted on 02/09/2017 6:10:56 AM PST by silverleaf (Age takes a toll: Please have exact change)
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To: SJackson

And yet they insist on muzz slime foot washing tubs and 5 times a day prayer breaks.


20 posted on 02/09/2017 6:24:33 AM PST by Sirius Lee (If Trump loses, America dies)
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To: SJackson

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.


23 posted on 02/09/2017 6:49:05 AM PST by MarvinStinson
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To: SJackson; David; holdonnow; jazminerose; theothercheek; AJFavish; Red Steel; Yaelle; LucyT; ...
Before the Age of Obama, the Fourth Circuit (covering Maryland, Virginia and the Carolinas, I believe) had a reputation for being among the more "conservative" of the circuit courts in general. This judge was appointed by George W. Bush, true, but that by itself doesn't mean that she isn't on the left. Her appointment and confirmation could have been based on some kind of compromise deal made between the Bush White House and Democrats in the Senate.

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.

26 posted on 02/09/2017 11:53:05 AM PST by justiceseeker93
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To: SJackson
Eric Rassbach, deputy general counsel of the Becket Fund, quipped, “It takes some chutzpah for the government to punish a Jewish woman for celebrating Passover.

If the past administration can try to force elderly nuns to pay for birth control...

27 posted on 02/09/2017 12:23:54 PM PST by Albion Wilde ("January 20, 2017, will be remembered as the day the people became the rulers of this nation again.")
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To: SJackson

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.


29 posted on 02/09/2017 1:54:12 PM PST by morphing libertarian
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