Posted on 01/06/2004 3:50:25 PM PST by machman
SAN FRANCISCO (Reuters) - A federal appeals court Tuesday upheld a lower court ruling that Hewlett-Packard Co. did not violate the rights of a devout Christian employee when it fired him for posting Biblical scriptures on his cubicle that were critical of homosexuality.
The San Francisco-based U.S. Court of Appeals for the 9th Circuit held that HP did not discriminate against Richard Peterson when it fired him after he posted quotes from the Bible in his cubicle in response to company posters featuring gay employees.
The HP posters, which carried the slogan "Diversity is Our Strength," were part of an effort to promote the computer and printer maker's bid to hire and retain a diverse work force.
Peterson was fired for insubordination after refusing to remove the biblical postings, which managers determined could be viewed as offensive.
Judge Stephen Reinhardt wrote that Peterson, a veteran HP employee who worked in HP's Boise, Idaho office, had failed to provide evidence he was sacked for his religious beliefs.
Instead, Reinhardt held Peterson was fired for repeatedly disregarding instructions to remove his biblical postings, including one from Leviticus explicitly addressing homosexuality.
A passage, which Peterson had conceded was "intended to be hurtful," reads: "If a man also lie with mankind, as he lieth with a woman, both of them have committed an abomination; they shall surely be put to death; their blood shall be upon them."
Judge Reinhardt said it would have been an "undue hardship" for HP to have accommodated Peterson's demands that he be allowed to post scriptures in response to the posters, or that he remove his postings in exchange for HP taking down its posters promoting diversity.
Either option would have also hurt the company's efforts to "attract and retain a qualified, diverse work force, which the company reasonably views as vital to its commercial success," Reinhardt wrote.
Lawyers for Peterson and Palo Alto, California-based HP could not be immediately reached for comment.
Copyright 2004, Reuters News Service
The story doesn't tell us precisely, but I think it's pretty likely that they were on the outside of his cubicle, and he definitely was trying to make a statement intended for others.
The fact that none of here on this thread (at least so far) think that those messages were profane, dangerous, or racist is not really the point. The fact is that the employer thought they were counter-productive to what the company was trying to accomplish, rightly or wrongly. Insubordination is a darn good reason to fire somebody you're paying, and when the employee refused to go along, then it's pretty clear that the employer/employee relationship needed to end.
There's a much better way to handle this, by the way. Posters promoting company "diversity for alternative lifestyles" can simply end up missing.
All we have is the writer of the article saying that they man put his quotes up with "hurtful intent". I would like to hear the man himself, when I read that in the article I thought it sounded bogus. I mean, what person in his right mind would say that? It rang false.
Did the guy say HP should not hire homosexuals? No, he did not. He was illustrating a point. The company has deliberately offended Christians by putting up posters promoting gays in the workplace. He was deliberately offending the company bureaucrats who came up with this stupid diversity promotion which was probably unnecessary in the first place. Unless the goal of HP is to recruit homosexuals over Christians. (and they have a right to do that in my book)
Yes, but homosexual acts are being glorified and promoted by HP and posters celebrating the same are forced into peoples' cubicles.
The idea that a so-called "Christian" is going to post scripture deliberately intended to hurt others(as the guy admitted)
All we have is the writer's statement about that, I would like to hear the man's own words.
in order to protest his company hiring those whose personal sins he disagrees with, is just obnoxious.
According to the article, he wanted to remove the "diversity" poster in his cubicle, they wouldn't let him, so he put the quotes up. "Celebrating diversity" (code word for homosexuality) is forced on him, that's ok. But he can't even not have that poster in his cubicle?
People are making the point that "it's a private company etc". Read tubavil's post 73.
If they did either of those they would be up to their nostrils in lawsuits.
And that's a pretty darn good way to get fired, especially when you refuse to stop.
A lot of people like to think that they have a lot of constitutional rights they can invoke against fellow citizens. In fact, those rights are limits against what the federal government can do.
Too much "free speech" in the face of your employer is going to get you fired every time.
And how is this? Either you have no idea what you are talking about, or you are woefully misinformed. You are forced to treat everyone you work with in a professional manner, with respect and dignity. You need not even acknowlege they exist outside of the office. You do not need to be their friend, confidante', buddy or even acquaintence outside of work. But while at work, you will treat everyone with the same level of respect as you expect to be treated yourself.
You are not forced to discuss your sex life with anyone at work, straight or gay. Doing so is grounds for dismissal. You do not need to 'date' them. All you are forbidden from doing is harassing them. You can't scream 'nigger', 'Jew', 'spic', 'chink', 'bitch' or 'whore', either. Now, if you don't like those rules, you are free to go work in a location where you can discriminate and harass your favorite scapegoat to your heart's content.
after he posted quotes from the Bible in his cubicle in response to company posters featuring gay employees.
You said:
"The story doesn't tell us precisely, but I think it's pretty likely that they were on the outside of his cubicle, and he definitely was trying to make a statement intended for others."
It's completely clear his quotes were IN his cubicle, and solely as a response for being forced to view a poster celebrating homosexuality IN his own work space.
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