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Posted: Wed Jun 16, 2010 9:21 am
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Posted: Wed Jun 16, 2010 9:33 am
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Posted: Wed Jun 16, 2010 9:39 am
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Posted: Wed Jun 16, 2010 9:45 am
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Posted: Wed Jun 16, 2010 9:53 am
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A few articles that might point you in the right direction...
Quote: The EEOC and the courts have consistently considered religious harassment to be unlawful under Title VII of the Civil Rights Act of 1964. They have also stated that an employer has an affirmative duty to maintain a workplace free from religious harassment. Liability may be imposed on an employer when it knew or should have known of the harassment, or even without employer knowledge if a supervisor was involved. In addition, employees have brought cases under the first amendment, the equal protection clause and the due process clause of the Constitution, as well as under state fair employment practice statutes, and under tort theories such as assault, infliction of emotional distress and invasion of privacy... Handling Religious Expression In The Workplace
Quote: Religious expression in the public workplace has become a contentious issue. Public employees claim they have a free-speech or free-exercise of religion right to express their religious beliefs on the job, often through speaking about their faith to other employees or wearing religious clothing or garb. Employers counter that they can prohibit such religious expression in order to prevent disruption and to avoid establishment-clause problems... Workplace Religious Liberty
Guidelines on Religious Freedom and Religious Expression in the Workplace - from a HR resource site
This one is more Government Employees related, but might be helpful as well. ________
Quote: The question then becomes a matter of sincerity of belief. Because he is a solitary pagan who occasionally practices with people who do not hold his same faith, it may be difficult to prove that this is part of his religion.
Do Christians, Muslims, etc... have to prove that something is part of their religion - if presented with the same circumstances? To make him prove such a thing, would border on discrimination.
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Posted: Wed Jun 16, 2010 10:02 am
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Aakosir It is sad how people do not take in to consideration people's different beliefs. I feel like you must be christian to be accepted. That has not been my experience. I feel often corporate policy is written with the majority in mind- it makes sense that when you make a policy it should be made to fit the largest number of people- and that there is an attempt afterward to catch up with the people who slip through the cracks.
When I was in high school, this was explained as the basis of our government- that Legislators make the law, and that the Judaical branch in turn applies it and interprets it so it can be fairly applied to those who the law did not initially consider. Because of this, our legal system is very complex, but it also allows for the unique circumstances to be taken into consideration.
Aakosir I hope you do find something that will help him. I hit a bit of a brick wall with the EEOC. There are no standards for establishing his sincerity of faith- so he would have to file a case with them for him to get their help. I was hoping we could be proactive, but it isn't an option.
Aakosir I do not understand why he would have to take it off if it is not a hazard of any sort. It makes no sense to me. I feel companies have a right to determine how their Brand Image is represented by their employees. It's about marketing. This is why many companies have uniforms and dress codes- but these expectations do not extend to discrimination against what is known under the law as "protected classes". Religion being a protected class, he has the legal right to wear them. If he simply wanted to wear them because he liked the way he looked with it- he would not have that same protection.
ncsweet A few articles that might point you in the right direction... Quote: The EEOC and the courts have consistently considered religious harassment to be unlawful under Title VII of the Civil Rights Act of 1964. They have also stated that an employer has an affirmative duty to maintain a workplace free from religious harassment. Liability may be imposed on an employer when it knew or should have known of the harassment, or even without employer knowledge if a supervisor was involved. In addition, employees have brought cases under the first amendment, the equal protection clause and the due process clause of the Constitution, as well as under state fair employment practice statutes, and under tort theories such as assault, infliction of emotional distress and invasion of privacy... Handling Religious Expression In The Workplace I like this one. It deals with paganism and body modification directly- which is what his violation is considered because of where his jewelry is placed.
ncsweet Do Christians, Muslims, etc... have to prove that something is part of their religion - if presented with the same circumstances? To make him prove such a thing, would border on discrimination. They would have to provide proof as well, yes.
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Posted: Wed Jun 16, 2010 10:54 am
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Brass Bell Doll Aakosir It is sad how people do not take in to consideration people's different beliefs. I feel like you must be christian to be accepted. That has not been my experience. I feel often corporate policy is written with the majority in mind- it makes sense that when you make a policy it should be made to fit the largest number of people- and that there is an attempt afterward to catch up with the people who slip through the cracks. When I was in high school, this was explained as the basis of our government- that Legislators make the law, and that the Judaical branch in turn applies it and interprets it so it can be fairly applied to those who the law did not initially consider. Because of this, our legal system is very complex, but it also allows for the unique circumstances to be taken into consideration.
I'm not too great with legislation and governemt so I don't really follow all the legal aspects involved with laws. That's just how it feels to me. But I must say it is changing considering how many immegrants the US is getting.
Brass Bell Doll Aakosir I do not understand why he would have to take it off if it is not a hazard of any sort. It makes no sense to me. I feel companies have a right to determine how their Brand Image is represented by their employees. It's about marketing. This is why many companies have uniforms and dress codes- but these expectations do not extend to discrimination against what is known under the law as "protected classes". Religion being a protected class, he has the legal right to wear them. If he simply wanted to wear them because he liked the way he looked with it- he would not have that same protection.
True. You do not want a spokeperson with grunge advertising for medical practices. I was watching Trauma: Life in the ER and one of the doctors was wearing a very low cut Y neck and his chest hair was spilling out. *cringes* I hope he put a hair net on that before he went in to the OR.
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Posted: Wed Jun 16, 2010 11:01 am
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Posted: Wed Jun 16, 2010 11:29 am
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Posted: Wed Jun 16, 2010 12:07 pm
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Posted: Wed Jun 16, 2010 12:13 pm
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Posted: Wed Jun 16, 2010 12:21 pm
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Posted: Wed Jun 16, 2010 12:49 pm
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Posted: Wed Jun 16, 2010 12:56 pm
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Yanueh kage no neko I think it'd be okay if they make sure no employees at all are allowed to wear religious stuff, that it's not favoring one religion. The First Amendment only applies to the government. Not to you, not to me, and not to business owners. If the OP wants to find out what is or isn't legally allowed, she'd have to find out which anti-discrimination laws apply to her state. Why would it apply only to the government?
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