the US law DOESNT apply?
By Palmerhusky
@Palmerhusky (843)
United States
July 11, 2009 2:23pm CST
Ok...had this conversation a number of times with multiple people and I thought i would throw it out there for discussion and see what everybody here thought.
the topic in question is this: how is it that the US law system and constitution applies to everybody else...but not private companies? Let me give you an example of what im talking about here. Back when i was still one of Jehovah's Witness's i tried to fill out an application for Rite Aid distribution in the area i lived in at the time. The job was a second shift position meaning i would have been working from 3 in the afternoon to 11 at night had i been hired. as they were handing me the application they asked me if i had full availability and i said i do...but also being a witness i would have to be allowed to attend all the meetings they held which were on Tuesdays and Thursday evenings. and i gave them the times. they didn't let me even take the application...KNOWING that those times were for a religious purpose.
Now its my understanding that A. Employers are not allowed LEGALLY to not allow a person to apply for a position for any reason...AND they are not allowed to discriminate based on religion and practice there of. Witnesses view their meetings as part of their worship. So in my opinion the law was broken there.
Another example is where i work now. though i haven't actually had this happen yet it very well could. Many people view wearing objects of veneration such as crosses as very much part of their worship. Now i left the Witness religion sometime ago and practice Wicca. I wear a pentacle which in my form of worship is an item of protection and part of honoring the god and goddess i worship. But Wicca and Witchcraft can bother some people. So lets say someone sees my pent and complains and im told to not wear it anymore. but other people are still wearing their crosses and such. I bring this up and tell them that this is part of my form of worship and that other people are wearing their objects of veneration and that if i have to take mine off they have to as well. they don't so i don't either. I get fired. Now it may seem like a little thing but in my mind i just got fired by use of religious discrimination....but somehow because they are a private company that's OK because the law seems not to apply to them. my question...HOW does that work?...i don't get it.
Thought that would be an interesting discussion.
1 person likes this
2 responses
@dawnald (85146)
• Shingle Springs, California
14 Jul 09
Hm, I'm thinking that in the second case you would have a lawsuit. In the first, maybe not. With the pentacle and getting fired over it, it's pretty clearly a case of religious discrimination and I'm betting that there are laws against that. In the other case, they aren't discriminating against your religion specifically, but they are saying that the job requires you to be there at certain times. If you say you can't be, they don't have to even consider you, regardless of what religion you are. Just an opinion though. I haven't researched the laws or anything.
@jonakyl (493)
• United States
14 Jul 09
Is it because you are Jehovah's Witness or because you couldn't work the hours they needed you to work? There's a big difference there. Why would they accept an application from someone (anyone) who can't work all the days and all the hours they need them to work. If I went in and said I couldn't work on Wednesday evenings because I had an AA meeting, they would have every right to not even accept my application. They likely want someone who can work all the days and all the hours the position requires.
Second, if you were truly fired for religious discrimination, then you have every right to sue them. If they don't have proof that you were failing to meet expectations, and documentation that you were advised of this problem and continued to fail, then you likely have a case. Be sure it was religious discrimination though. After reading your first paragraph about not getting hired, it seems like your first assumption is that it's because of your religion.