Fired HP employee loses appeal over anti-gay signs

San Francisco Chronicle ^ | 01/07/04 | Bob Egelko

[Holly_P]

Hewlett-Packard had the right to fire an employee who posted anti- gay passages from the Bible at his work cubicle in protest of the computer industry giant's diversity policy and in an effort to persuade gays to repent, a federal appeals court ruled Tuesday.

[2banana]

even-handed policy against harassment and discrimination, even if certain messages are suppressed.

You have freedom of speech as long as we agree with what you are saying

[gcruse]

because he violated the company's harassment policy by attempting to
generate a hostile and intolerant work environment'' and disobeyed
managers' orders to remove the posting.

Maybe he can get a job at Cranks R Us.

[The G Man]

"the Ninth U.S. Circuit Court of Appeals in San Francisco"

Oh. Them again.

Shocking.

[SJSAMPLE]

Regardless of how you feel about HPs policy,
IT'S THEIR COMPANY.

Private property rights are far more important than the right of one person to say what he wants, on another person's property and on another person's time.

As private property, HP should be able to hire, fire, promote, discriminate, and suppress any messages they don't want (or like). That's the (supposed) beauty of owning your own property.

The only unfortunate thing is that the government still intervenes in PRIVATE affairs to tell us who we can hire (or fire) and why. In a perfect world, HP would be free to do all the hiring and firing it wants, FOR ANY REASON, without government interference.

[concerned about politics]

employer has the right to enforce an even-handed policy against harassment and discrimination, even if certain messages are suppressed.

"We will agree to Satanic messages, but keep the Godliness outta here! If you're clean, we don't want you. Only the theology of pro-sin is allowed in the U.S.S.A."

[StonyBurk]

Christians are the only people the Diversity crowd can
exclude and harrass and get away with it.Roger Baldwin and
Felix Frankfurter have won out -the atheistic Soviet system they so admired has been established as American.

[concerned about politics]

Reinhardt said Peterson's postings, which included a passage from Leviticus about making gay sex punishable by death

That's true. There's no cure for AIDs. God will not be mocked. He wasn't kidding!

[GSWarrior]

The conflict started in 2000 after the company began implementing a diversity policy that was developed at staff meetings and put up workplace posters showing different employees, with labels such as "black,'' "blonde,'' "old,'' "gay'' and "Hispanic,'' alongside the slogan "Diversity is our strength.''

Herein lies the problem.

[DonaldC]

I agree, HP can have any policy it desires, but an individual's 1st amendment rights do not stop when the time card is punched.

[Mears]

Thanks for snapping me back to reality with your private property post.

Sometimes I need a post like yours to set my head straight.

Good job !!!

[Holly_P]

but an individual's 1st amendment rights do not stop when the time card is punched.

If you come into my house, even if I have invited you,if you say something I don't like I can ask you to leave.

[SJSAMPLE]

Sure it does.
The First Ammendment prevents the GOVERNMENT from censoring speech. In effect, the FBI can't bust down the door to your home if you speak out against the government.

However, once you enter company property, you must conform to their wishes. If they don't want to hear any particular political rantings or religious diatribes, they're well within their rights to tell you to knock it off (or fire you). Same thing goes if you speak ill of the company, itself.

And that's the way it SHOULD be.

[Mr. Bird]

My employer has certain policies (and a political tilt) that I'm not 100% on board with. But I like working here, so I keep my mouth shut. It's not my company, and it's not the government, so I deal with it.

How would our hero handle having some AlQaeda guy in the next cubicle relentlessly praising Allah? The 9th circuit is right, but even a stopped clock...

[sinkspur]

You have freedom of speech as long as we agree with what you are saying

There's no freedom of speech when you're sitting in somebody else's building and HE are giving you money.

[Phantom Lord]

I agree, HP can have any policy it desires, but an individual's 1st amendment rights do not stop when the time card is punched.

Your right, they don't. But the employer whose clock you punch can and should be able to fire you for exercising it if they disapprove of what is being said at work or if they feel it is disruptive to the work environment.

[sinkspur]

HE are

Try, "He IS"

[concerned about politics]

Private property rights are far more important than the right of one person to say what he wants, on another person's property and on another person's time.

Try lighting a cigarette in a privately owned bar or restaurant. Good luck.

[gdani]

.....but an individual's 1st amendment rights do not stop when the time card is punched.

Yes they do. So long as that workplace is a private one.

The First Amendment protects against Govt infringements of speech -- not private employers'.

[Righter-than-Rush]

>>As private property, HP should be able to hire, fire, promote, discriminate, and suppress any messages they don't want (or like). That's the (supposed) beauty of owning your own property.>>

But they cannot. This is a case of reverse discrimination, in which a non-PC claim fails where a PC claim succeeds, per PC standards. This is not opinion, it is precedent.