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Ned
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of Aptos, CA
Oct 1999 time: 21:33
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quote: Originally posted by Boris Godunov
What about OTHER EMPLOYEES, Ned? You can move him anywhere, but other EMPLOYEES will still SEE it. Nothing in the 1964 Civil Rights Act says that an employer has to tolerate ANY form of religious expression. The man said he did it to hurt people, for pete's sake! |
Your point, and the court's point, was about customers! Now you change the topic.
I agree that protesting a company policy in a manner that can be viewed by customers is not acceptable. But protesting the policy in a manner that can be viewed by fellow employees is critical if there is to be any truly effective right to speak.
quote: No, Ned, I'm not telling him anything. I was just making an observation that if he professes to love the sinner and hate the sin, his protests are incongruous with said belief, becauser HP's campaign said NOTHING about accepting the "sin," but rather said to treat the "sinner" with respect. I'm just noting his hypocrisy.
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IIRC, the employee said nothing of the kind. He rather said that his religion required him to confront sin that they may repent and be saved.
quote: As MtG pointed out, employees don't have a right to protest company policy in any manner they choose--if it's disruptive or hurtful, employers don't have to tolerate it. The 1964 Civil Rights act doesn't give people carte blanche to pepper their workspace with calls to kill people. |
This is the critical issue in the case. The question is whether posting the biblical verses in one's own cube in a manner visible to other employees (the customer bit is just a bit much as I described above and shows just how mendacious the Ninth Cir. panel was) is within the communications privilege.
Last edited by Ned on 13-01-2004 at 21:56
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Ned
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of Aptos, CA
Oct 1999 time: 21:33
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quote: Originally posted by Boris Godunov
No, it says he can't post things that call for violent acts if his employer objects. |
I saw nothing in the opinion that said anything about the employee calling for violent acts, let alone basing the decision on this point.
quote: If I worked at a company run by Christians, and I posted "Christians are evil and should be killed" over my cube, I would be guilty of creating a hostile work environment and they'd have every right to fire me for refusing to remove the words. |
True, as Religion, as opposed to homosexuality, is protected.
Also, there is the issue of violence. A call for violence exceeds all privileges accorded free speech.
quote: Again, where in the 1964 Civil Rights act does it say any form of expression of one's belief is acceptable? No where, Ned. It just says you can't discriminate against people for holding beliefs. It doesn't say you have to allow them to express them as they see fit.
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The right to protest based on religion has not been expressly recognized in any case that I have seen. However, the Ninth Cir. did say they would tend to uphold this right had the protest been less "hurtful," implying the right does exist under the Civil Rights act of 1964.
quote: HP didn't have a problem with his beliefs, or his protesting their policy OUTSIDE HP. He wrote letters about it to newspapers and had that nice bumper sticker, but they didn't care about those things. What HP didn't like was his manner of expressing his beliefs by posting a Biblical passage that calls for killing people. They asked him to stop, he refused. They went BEYOND the needed limits of patience. He continued to defy their orders. So he lost his job. |
Perhaps (the killing part). But the opinion was not based on any call for violence as exceeding the employee's right to protest. It was based on the fact that fellow employees could see the biblical passages and be "hurt." That is different.
quote: The moral? If a company enacts LEGAL policies you don't like, you can leave. But nothing, not even the 1964 Civil Rights Act, gives you the right to post hateful dogma all over your office so your employers and employees and customers have to see it. |
This appears to be the result of the holding, indeed. But, it truly totally suppresses the right to protest altogether as virtually any protest will "hurt" some fellow employee benefitted by the company policy. Gay marriage was an example given by the Ninth Circuit itself as an example of legitimate protest. However, such a protest will "hurt" gays who would like to get married or who are married.
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MichaeltheGreat
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Apolyton Grand Executioner
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mooning the house that Ruth built.
Oct 1999 time: 21:33
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quote: Originally posted by Ned
Your point, and the court's point, was about customers! Now you change the topic.
I agree that protesting a company policy in a manner that can be viewed by customers is not acceptable. But protesting the policy in a manner that can be viewed by fellow employees is critical if there is to be any truly effective right to speak. |
The appropriate manner of protest within the workplace is to go to HR and up the employee's chain of command - and once they've responded, that's it. There is no right to disrupt, be insubordinate, or otherwise (in the employer's reasonable interpretation) interfere actively or passively with the conduct of the business. The employee's only right to even be on the premises (except in public areas when they are open to the public) is in conjunction with his employment. What the employee does off campus and after hours is a different story, but during the course of work, he has one function - to do his job.
quote:
quote: As MtG pointed out, employees don't have a right to protest company policy in any manner they choose--if it's disruptive or hurtful, employers don't have to tolerate it. The 1964 Civil Rights act doesn't give people carte blanche to pepper their workspace with calls to kill people. |
This is the critical issue in the case. The question is whether posting the biblical verses in one's own cube in a manner visible to other employees (the customer bit is just a bit much as I described above and shows just how mendacious the Ninth Cir. panel was) is within the communications privilege.
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If it has the effect of harassing or intimidating any other employees or disrupting the workplace, no it is not. There is also no privilege to be insubordinate and refuse to follow the directives of one's supervisors. The appropriate way to continue the protest would be to take the verses down as directed by his managers, then file an EEOC or state analogue claim for religious discrimination (filing of the claim would have rendered him legally protected from retaliatory termination).
He chose not to do that, but instead, to be insubordinate by refusing a direct order of his managers, and continuing to be disruptive. If nothing else, the open refulsal to comply with management orders was grounds for termination. Any employee does that horseshit with me, and they're gone, then and there.
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Rogan Josh
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It is hard to make any judgement here without knowing what the guy was protesting. What were the HP posters saying?
If, for example, they were graphic depictions of gay sex with the caption 'Fancy a ****?' then I would agree that he should protest them (wouldn't you?). I am fairly sure they wouldn't be though.
If they were posters which subtely request that all workers treat one another with respect, no matter what their religious of moral beliefs, then he had no grounds to protest. (In fact this is a typical Christian message.)
I suspect it was somewhere in between, and it may well be that he would then have grounds to protest the posters. If he did, he should have taken HP to court immediately rather than post his own 'messages'.
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Ned
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of Aptos, CA
Oct 1999 time: 21:33
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Rogan, I think his main objection was that posters (to him) went beyond a simple statement of tolerance, but confronted him with homosexuality in a manner that required a response.
Here is a quote from the case:
"Peterson was employed in the Boise, Idaho office of
Hewlett-Packard for almost 21 years prior to his termination.
The parties do not dispute that Peterson’s job performance
was satisfactory. The conflict between Peterson and Hewlett-
Packard arose when the company began displaying “diversity
posters” in its Boise office as one component of its workplace
diversity campaign. The first series consisted of five posters,
each showing a photograph of a Hewlett-Packard employee
above the caption “Black,” “Blonde,” “Old,” “Gay,” or “Hispanic.”
Posters in the second series included photographs of
the same five employees and a description of the featured
employee’s personal interests, as well as the slogan “Diversity
is Our Strength.”
Peterson describes himself as a “devout Christian,” who
believes that homosexual activities violate the commandments
contained in the Bible and that he has a duty “to expose evil
when confronted with sin.” In response to the posters that
read “Gay,” Peterson posted two Biblical scriptures on an
overhead bin in his work cubicle."
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