Posted on 08/31/2005 7:01:36 AM PDT by ZGuy
A computer technician in California has filed a lawsuit against his employer after being reprimanded for expressing his support for traditional marriage at work.
The employee at a private Orange County company works at an office where co-workers are allowed to have personal, religious and political messages in their cubicles. But when he placed a bumper sticker supporting traditional marriage in his own cubicle, his supervisor ordered him to remove it. The worker removed the sticker but was still demoted and reprimanded.
Realizing he was being treated illegally, the employee contacted Pacific Justice Institute, a legal organization specializing in the defense of religious freedom, parental rights, and other civil liberties. PJI attempted to resolve the matter peacefully, first contacting and informing the employer that its actions were in violation of state and federal law. However, the California company refused to change its position and continues to ban the employee's pro-marriage message.
As a result, PJI joined with affiliate attorney Laurie Messerly in filing a federal lawsuit on the employee's behalf. Commenting on the new suit, Messerly said it is "appalling that some employers think they can silence workers based solely on their viewpoint." However, she says she is confident "the justice system will right the wrongs done to this employee."
Attorney and PJI president Brad Dacus says the First Amendment prohibits employers from discriminating against a worker based on his or her personal, political, or religious viewpoints. "We commend this employee for taking a stand for traditional marriage," he says, "and we are committed to standing with him in federal court."
Dacus goes on to explain that the law "basically says when employees are allowed to post personal material expressing their opinions and perspectives on different issues in their own private work cubicle, and it doesn't impact or impair or create a hardship on the employer, then the employer must not discriminate or harass employees because of their beliefs and convictions that are exhibited in their private cubicle."
Since other employees at the Orange County firm were permitted to have personal, religious and even political messages in their cubicles, the PJI president contends that it constitutes a violation of the client's free-speech rights for his employer to bar him from doing the same. No workers "should ever have to deal with such outright intolerance, hostility, and tyranny by a manager or supervisor who has a chip on their shoulder" about the institution of marriage, the lawyer says.
Dacus insists that the California company's worker and others like him should not be forced to face unlawful discrimination "simply because they believe in the institution of marriage and support the institution of marriage." In the suit, the Orange County employee is asking for unspecified damages and a return to his former position.
That pervert!!! Supporting marriage between a man and a woman -- HOW TWISTED!!! (/gross sarcasm)
I'm curious, what did the bumper sticker say?
It's work. Put your sticker on your house or car. When at work...how about..hmmm..WORKING.
The employee at a private Orange County company works at an office where co-workers are allowed to have personal, religious and political messages in their cubicles.
Yes, hanging a bumper sticker in my cubical stops me from working for about 5 seconds. Damn, I'm a theif....
later pingout.
For your information as well... I should be pinging out later today.
Isn't he allowed the same rights as his co-workers?
Yes, it's work.
But the lawyers are correct.
IF the employer allows SOME people to post political messages in their cubicle, the employer loses the power to prevent OTHER people from posting political messages in theirs, so long as the messages are not obscene.
Employers have the right to say "NO politics or displays of religion at work." That is perfectly legal and legitimate. But they do not have the right, if they allow some of it, to ban others of it. Once the door is opened, it's opened. The employee will win his case, because the employer does not have a leg to stand on here.
There is probably more to the story. This employee m ay have been a confrontaitonal, angery, in your face-type about the issue and the other employees didn't like that.
Read the article before posting.
OTHERS were allowed to put up those kinds of posters, but with different messages..
I hope he is suing for large money, that's the only way word will get around, and put a stop to this kind of thing.
employers should be able to fire or hire based on whatever reason they want. It's their business.
The FA says Congress shall make no law abridging Freedom of Speech. I can't find a word in there about "employers."
There's quite a bit to this story we don't know. Reserving judgement with a strong dose of skepticism.
Unless the bumper sticker is over the top with regards to obsenity or it is extremely offensive. That is why I asked what does the bumper sticker say? My guess is that this is not the case and you are probably right...
perhaps you should wait to hear both sides before standing in judgement. we've only got one side of the story in front of us.
The employer is completely within his rights here. He can allow or disallow ANY message he wants. There is no "fairness doctrine" in the workplace. A private business can't fire him for his religous views but it can limit his expression of those views in the workplace, even if they allow others. The only equality laws that apply to the workplace are hiring and compensation related based sex, race, or religion. That's all the law covers. Thank God. It is the employer's company, not the government's. His actions may have negative consequences but that's his problem, not Uncle Sam's.
What law says that?
In addition, when asked to take it down, he did -- and was still punished.
NOW I've heard everything.
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