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Lawsuit filed against McMaster for ordering state employees to return to in-person work [SC]
WBTW via WSPA News7 ^ | April 6th, 2021 | Kevin Accettulla

Posted on 04/06/2021 2:00:25 PM PDT by buckalfa

COLUMBIA, S.C. (WBTW) — A lawsuit was filed Tuesday against Governor Henry McMaster for ordering state employees to return to in-person work.

The lawsuit was filed by Deborah Mihal — a College of Charleston employee — and the American Civil Liberties Union Foundation of South Carolina. The lawsuit claims the order discriminates against women by forcing some of them to choose between childcare and their job. It also claims McMaster doesn’t have the power to issue an order like this.

“The Governor’s order forces me to choose between protecting the safety of my family and a paycheck,” Mihal said. “Since the beginning of this global pandemic over a year ago, my colleagues and I have been safely and effectively working remotely. There is no urgent need for us to return in-person. I ask the court to protect my family and me from this dangerous and completely unnecessary order.”

On March 5, McMaster ordered state employees to return to work in-person. The American Civil Liberties Union of South Carolina said the order is “dangerous, irresponsible, and completely unnecessary.”

The lawsuit claims the order left Mihal without options for childcare or workable accommodations. Mihal hasn’t heard back from the principal of her child’s school on if her child can return to school in-person, according to the lawsuit.

The lawsuit claims that returning state employees back to in-person work puts them and their families at risk to be exposed to COVID-19.

The ACLU of SC said the order violates Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the South Carolina Human Affairs Law in a letter sent to McMaster March 30.

Bryan Symmes with the Governor’s office sent News13 the following statement in response to the lawsuit:

“South Carolinians all over the state have been going to work, in person, throughout the last year and they have been able to do it safely. The Department of Administration has done an incredible job working with agency heads to bring state employees back into the office in a safe way, providing flexibility to make accommodations when necessary and giving agencies time to implement safety precautions in the workplace.

“It’s ridiculous to think that requiring employees to go to work is discriminatory in any way. Employees were given weeks to make any necessary plans for a number of contingencies including childcare, and with 94% of South Carolina’s childcare facilities open for business, there should be no issue for anyone actively working to make those arrangements.”

(text of lawsuit is on website)


TOPICS: Culture/Society; Government; US: South Carolina
KEYWORDS: covid; lawsuit; southcarolina; work
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Since when has it become discriminatory for an employer not to provide daycare, schooling, or even request an employee actually work?
1 posted on 04/06/2021 2:00:25 PM PDT by buckalfa
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To: buckalfa

i have two renters who are state of Florida employees. both have said they will not return to their offices. if forced, they will resign. They have been working from home now for a year and do not see the need to fight the traffic and work in their cramped little cubes. Apparently, their work is okay as the state has bought one of them a fair sized out building to use as an office. (Neither one needs the money as their husbands work.)

I suspect that getting people to come into a building every day when they worked just fine from home will be challenging. Or, impossible. The huge buildings the state bought will probably go mostly unfilled. The same is true for companies. Especially those in crowded, dangerous cities. I read that buildings in downtown NY city are largely empty and several big firms have announced they are not returning to them. What do you do with a skyscraper that’s mostly empty of renters? Vertical farming?


2 posted on 04/06/2021 2:09:07 PM PDT by Gen.Blather (Wait! I said that out loud? )
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To: buckalfa

This “lady”, like many government teachers, simply doesn’t want to work. Worked on-site prior to pandemic so what changed?


3 posted on 04/06/2021 2:12:24 PM PDT by TonyChris (Didn't vote for Amazon in last election)
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To: buckalfa

American Communist Lawyers’ Union.


4 posted on 04/06/2021 2:13:10 PM PDT by Gay State Conservative (Trump: "They're After You. I'm Just In The Way")
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To: Gen.Blather

Imagine how much weed they could grow in the Met Life building! Now NY will have to legalize it.


5 posted on 04/06/2021 2:14:42 PM PDT by monkeyshine (live and let live is dead)
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To: TonyChris

Why doesn’t she sue the Teacher’s Union for refusing to open schools, too?


6 posted on 04/06/2021 2:16:13 PM PDT by monkeyshine (live and let live is dead)
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To: buckalfa

Women are making themselves unemployable with this sort of thing.

Oh wait, you have to employ them by law but not make them work. My mistake, the ladies will be okay.


7 posted on 04/06/2021 2:16:38 PM PDT by pepsi_junkie (Often wrong, but never in doubt!)
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To: buckalfa

I hope he countersues.


8 posted on 04/06/2021 2:17:34 PM PDT by SoFloFreeper
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To: buckalfa

Why should “public servants” actually do any work? Parasites.


9 posted on 04/06/2021 2:18:31 PM PDT by wildcard_redneck ( COVID lockdowns are the Establishment's attack on the middle gclass and our Republic )
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To: Gen.Blather

Replace the employees. Only top performers are irreplaceable.


10 posted on 04/06/2021 2:21:00 PM PDT by outpostinmass2 (Y)
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To: buckalfa

Gonna throw this in here.

Meanwhile, in other South Carolina workforce news...


Caroline Balchunas
@carolinebTV
To give you an idea at how hard it is for F&B to find staff right now, there’s a bar/restaurant in Mount P offering $22/hour for dishwashers. “


11 posted on 04/06/2021 2:22:53 PM PDT by mrsmith (US MEDIA: " Every 'White' cop is a criminal! And all the 'non-white' criminals saints!")
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To: buckalfa
' How dare you make me work for a paycheck ? How dare you ?
12 posted on 04/06/2021 2:23:28 PM PDT by A strike (Just Say No to North Mexico )
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To: Gen.Blather

Convert it to condos/residential. It’s what they did in Fort Worth when Tandy died, for example.

Thing is - the state and businesses can save a LOT of money by letting people work from home. Most office jobs don’t actually need to be done in an office with other people any more.


13 posted on 04/06/2021 2:26:19 PM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: TonyChris

This “lady”, like many government teachers, simply doesn’t want to work. Worked on-site prior to pandemic so what changed?
*************************************************
Many government employees, including teachers, do MINIMAL WORK when they are actually “on-site”. They do LESS THAN MINIMAL WORK when they “work” from home. They just want to avoid the inconvenience of leaving home to engage in minimal work while getting substantial salaries and benefits.


14 posted on 04/06/2021 2:27:56 PM PDT by House Atreides
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To: buckalfa

“The lawsuit claims the order discriminates against women by forcing some of them to choose between childcare and their job.”

I wonder what she did for child care before Covid?


15 posted on 04/06/2021 2:40:15 PM PDT by DEPcom (Impeach Illegitimate Biden/Harris )
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To: monkeyshine

The electric bill from the 24x7 Gro-Lights will negate any profit from the pot crop.


16 posted on 04/06/2021 2:42:07 PM PDT by Carriage Hill (A society grows great when old men plant trees, in whose shade they know they will never sit..)
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To: Gen.Blather

I see this as one of the unintended consequences of the great covid scare. The population now realizes that they dont HAVE to go into work to do many of the jobs that are out there. This also means that many will not want to return to the commute grind. And I suspect, that there will be a evacuation or at least migration away from city centers.

All in all, a greater self reliance and a resurgence in rural living.


17 posted on 04/06/2021 2:43:41 PM PDT by taxcontrol (You are entitled to your opinion, no matter how wrong it is.)
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To: House Atreides

She only makes $62.5K a year...she’s 48 years old, how old are her kids?..

https://openpayrolls.com/employee/deborah-mihal-3980#google_vignette


18 posted on 04/06/2021 2:44:52 PM PDT by Geronimo (God Bless America and President Donald J. Trump...)
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To: buckalfa

Families in the private sector pay for child care. Why is she so special?


19 posted on 04/06/2021 2:45:16 PM PDT by DeplorablePaul (s)
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To: Geronimo

The overpaid SC state drone types infuriate me. There are plenty of normal working and productive types in state government from what I saw.

I was a lowly working person in technical jobs and never made anywhere near that. Most wind up staying a state employee for a number of reasons.

Being in professional poverty was a big motivator. Same with many of my cohorts.

Some pain, suffering, and dues paying later, I make pretty good for what I am.


20 posted on 04/06/2021 3:35:54 PM PDT by wally_bert (I cannot be sure for certain, but in my personal opinion I am certain that I am not sure.)
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