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Court backs Wal-Mart in anti-gay case

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Freddie Stubbs Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-07-11 10:34 AM
Original message
Court backs Wal-Mart in anti-gay case
Source: The Business Journal

An Illinois court has found that Wal-Mart was within its rights to fire an employee who told a lesbian co-worker she would go to hell because of her lifestyle, the Chicago Sun-Times reported.

The much-watched court case centered around the issue of whether Wal-Mart's dismissal of the employee, Tanisha Matthews, constituted religious discrimination. Matthews argued she was only expressing her religious beliefs.

But the court found against her claim, saying that she was not within her rights to harangue against her co-worker while on the job.

If Matthews is arguing that Wal-Mart must permit her to admonish gays at work to accommodate her religion, the claim fails, the Sun-Times quoted the Appeals Court decision as saying.


Read more: http://www.bizjournals.com/triad/blog/2011/04/court-bac...
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rocktivity Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-07-11 10:47 AM
Response to Original message
1. The punishment fit the crime!
Edited on Thu Apr-07-11 10:49 AM by rocktivity
Even if the workplace were the appropriate venue, telling someone she's going to hell because she doesn't agree with your religious beliefs is -- wait for it -- RELIGIOUS DISCRIMINATION!!!!

:banghead:
rocktivity
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Sherman A1 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-07-11 11:14 AM
Response to Reply #1
5. Agreed
:thumbsup:
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24601 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-07-11 11:35 AM
Response to Reply #1
8. Given that no court can determine if it's true or not, it's not even an
issue that should be addressed by the legal system. Under this standard, Wal-Mart would have to likewise fire an employee that told another employee that there is no God.

Her "sin" wasn't the content of the speech but the manner and duration that constituted harassment - it could have been about the Chicago Bears and her conduct would haven been harassment.
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closeupready Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 08:57 AM
Response to Reply #1
19. Absolutely.
K&R
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Frisbee Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-07-11 10:47 AM
Response to Original message
2. It must be a cold day in Hell.
I actually agreed with Wal-Mart in a court case. Never saw that coming!
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Wait Wut Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-07-11 11:24 AM
Response to Reply #2
6. No kidding.
I hadn't heard about the case, so when I saw the headline I thought Walmart had fired someone for BEING gay.

Not only did they fire the bitch, they fought her in court. Awesome.
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iandhr Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-07-11 11:26 AM
Response to Reply #2
7. my sentiments exactly
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fatbuckel Donating Member (518 posts) Send PM | Profile | Ignore Thu Apr-07-11 12:49 PM
Response to Reply #2
12. Thet`re pushing this case to bolster support for upcoming case(s).
They`re doing most of the PR.
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Drale Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-07-11 10:48 AM
Response to Original message
3. If they had sided with that crazy employee
I might think about creating a religion where I can kill anyone who annoys me because its part of my religion.
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sinkingfeeling Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-07-11 10:54 AM
Response to Original message
4. Ms. Matthews is free to express her religious beliefs within the confines of her religious community
She can keep her beliefs to herself elsewhere.
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jberryhill Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-07-11 12:00 PM
Response to Original message
9. "An Illinois court" - Man, I hate reporting of legal news

This just wasn't any "Illinois court", this is actually the second smackdown of her claim from the 7th Circuit Court of Appeals, after the US District Court for the Northern District of Illinois told her to take a hike.

At issue was her violation of Wal-Mart's non-harassment policy, under which she was fired. The court didn't find "she was not within her rights to harangue against her co-worker while on the job". The court found that Wal-Mart was within its rights to have and enforce the policy.

Now when you consider that this has made it through two levels of the federal system, you have to appreciate that doesn't happen on a Wal-Mart clerk's salary. I could see the attorney at the District Court level acting on contingency in hopes of a settlement, but the more interesting question is who paid for the appeal?
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No Elephants Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 08:04 AM
Response to Reply #9
17. Not only that, but how is this an "anti-gay case?"
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jberryhill Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 08:49 AM
Response to Reply #17
18. That's why I want to know who picked up the appeal

Which foundation wants a "Christian homophobe carve-out" for workplace non-harassment policies.
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NinetySix Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-07-11 12:16 PM
Response to Original message
10. "But don't we have freedom of speech in this country?"
Sure we do. But whatever we do or say comes with its own set of consequences. Go and tell your boss that he's an asshole. Are you in jail now? No, but you are at the back of the unemployment line.

Freedom of speech does not entail freedom from consequence.
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bongbong Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-07-11 12:22 PM
Response to Original message
11. Popcorn time!
I hope a "Boycott Walmart!" movement starts amongst the wingnuts. Where the hell will they shop for their Made-in-China patriotic flags and other repig detritus?
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nichomachus Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-07-11 05:24 PM
Response to Original message
13. Only God can determine if someone is going to hell
No one knows another person's conscience. So, telling someone that they're going to hell is usurping God's authority and is blasphemy. Someone needs to remind Tanisha of this.
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freshwest Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-07-11 08:48 PM
Response to Reply #13
16. Got that right.
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sofa king Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-07-11 05:56 PM
Response to Original message
14. Well color me surprised!
Edited on Thu Apr-07-11 05:58 PM by sofa king
The Supreme Court that appointed George Bush coming down on the side with the money?
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w4rma Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-07-11 06:07 PM
Response to Original message
15. Wal-Mart did something right. (nt)
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Snoutport Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 10:28 AM
Response to Original message
20. Even with the right wing on crazy mode we got a win.
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sarcasmo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-08-11 08:34 PM
Response to Original message
21. Kick.
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