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.
"employers should be able to fire or hire based on whatever reason they want. It's their business."
Yes, it's their business.
But their business is able to operate because of a system of public enforcement of contracts through the courts, and public protection of property and rights through the police forces. The system of law is what allows commerce to function so well in America, and allows the employer to operate secure in his possessions in the first place. The employer did not create that system of law, the people did. And the people have the right to regulate that which benefits from the system of laws.
Employers do not have the right to hire and fire for any reason whatsoever, and they should not be permitted that right.
They do not have the right to hire people based on their religious or ethnic affiliation. They do not have the right to fire women because they won't have sex with them, nor to demote them, cut their pay, or anything else. They do not have the right to refuse to hire Catholics or blacks. They do not have the right to hire employees at a dollar a day. They do not have the right to fire all Republicans who work for them. There are very, very many restrictions on what employers can do, and there should be. Employers are not kings, and opening up a shop to make money should not in any sense give anybody an exemption from the generally applicable laws. The businessman is able to make money in this country, and have it safe from theft, because of the public law and the public law enforcement. The public has the same right to impose laws upon what employers may or may not do as it does to impose speed limits on the roads. Don't want to have to obey the speed limits? Then don't drive. Don't want to have to obey the labor laws? Then don't go into business. Drive, and you have to obey the rules society sets. It's your car, but it's the public's road. Open a business, and you have to obey the rules the society sets. It's your store, but it's the public's society and community in which the store sits.
The one I've seen says 1 man + 1 woman = marriage.
"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."
Perhaps not Uncle Sams, but we live in a federalist society. The Federal government may not have limitations on such things, but how much do you want to bet that the State of California does? And when the issue comes before a court, that state law has the same force as the federal law.
The article clearly stated (if you'd have read it) that the company allowed such things in cubicles; expressions of political affiliation, what have you.
Ten bucks says the guy's supervisor is gay.
So if I get hired into your company as your new VP, and I don't like your ethnicity, I should be able to fire you just for that, correct?
I agree with you, however, the employee was also demoted. That is what is against the law................
"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"
THe First Amendment says nada about "personal and politcal" viewpoints in the workplace. Did this guy get his law degree by mail order?
The "free speech" garanteed in the 1st amendment applies to the government, not private businesses.
Something in my gut tells me that the content of the bumper sticker was inappropriate in its language. I'm not talking about the message, I'm talking about the language.
Whatever else is going on here, this statement is not true.
Yes if you want too. It's your business.
"I agree with you, however, the employee was also demoted. That is what is against the law................"
Why? If it's legal to limit his political beliefs the company can also demote or reprimand him for any reason other than sex, race, or religion. He's free from being fired or demoted for having his beliefs but not from his expression of them. If I were to go around on my office trying to convert my coworkers to Christianity my employer would have the right to fire or demote me for it.
maybe the sticker read: Support Marriage. Kill a fag.
I live in CA - and this doesn't surprise me one bit.
It's "in" to be anti-religion, anti-traditional family, anti-marriage, anti-American, etc. You seem "cool" if you support gay rights over hetero rights. Gays are everywhere DEMANDING their acceptance by shoving their version of life down our throats.
It's gotten so bad, many of us won't put bumperstickers on our cars for fear of vandalism. But, you can have all the anti-American stickers on your volvo that you want.
It's out of hand - and the backlash will come.
I hope.
"THe First Amendment says nada about "personal and politcal" viewpoints in the workplace. Did this guy get his law degree by mail order?"
No, he didn't. Like most attorneys he understands that the First Amendment means what judicial interpretations say it means and this emcompasses much more than the words on the page.
"Something in my gut tells me that the content of the bumper sticker was inappropriate in its language. I'm not talking about the message, I'm talking about the language."
I bet you're right
Glad to see somebody is supporting marriage. With all the emphasis on homosexuality and pedophilia, the fact that any sex outside of marriage is a perversion of equal magnitude in the sight of God is lost.
"Yes if you want too. It's your business."
Not for long
Don't be silly. Then what is the purpose of allowing ANY discussion of the article that was posted?
The article, unlike a lot of MSM stories seems to cover the issue fairly well, Pacific Justice is involved, and they don't jump in rashly.
What makes you think there is more to the story?
If he was going around trying to convert people, then there is a legitimate complaint. The article states he merely posted a bumper sticker, like everyone else in the office was doing. The employer can ask, or demand, that it be taken down. If the employee refuses to take it down, then he or she can be terminated. If he takes it down, and is reprimanded or demoted, and everyone else is allowed to have theirs up, that would constitute the creation of a hostile work environment. Like it or not, that is the law. The employer should not allow anything like that in the cubicles, and there would be no problem.
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