4 ms·

Which law does it violate? I can’t think of any.

300bps 6y ago
The fired agent telegraphed which law she believed has been violated when she said, "I just got fired because I'm a Christian and a conservative." https://www.eeoc.gov/religious-discrimination https://www.eeoc.gov/religious-discrimination
- belltaco 6y ago
  She can say what she wants. Is being active on Gab and Parler a Christian religious activity?
  - swirepe 6y ago
    I think Jesus is a Craigslist guy
  - Proziam 6y ago
    A huge percentage of content on Gab is based around religion. If that's where your religious community is (and most people can't see others in person for worship at the moment) then yes, it absolutely is a religious activity.
- DaiPlusPlus 6y ago
  Political affiliation is not a protected class. Being "a Christian" (whatever that means...) is a protected class - but where in the Bible did Moses or Jesus command people to use Gab, Parler - or even be "conservative"? You can be fired for being a selfish ass (I'm referring to the donkey hybrid, as befits the biblical narrative) - and that's my interpretation of what happened. What matters now is if the law will allow her to use her religion as the basis for being an ass - or not.
  - nobodyandproud 6y ago
    An employee can claim that politics, affiliation, etc. was a pretext for firing based on religious beliefs.
    - floatingatoll 6y ago
      Given that this statement is false — "Gab and Parler are religious social networks" — a judge would likely require a pattern of hostility to be shown, or for the firings to coincide with expression of protected religious beliefs that are not also considered hate speech. (If they're considered hate speech, they're no longer protected expression, regardless of whether they're claimed to be religion or not.)
      - deleted 6y ago
        [deleted]
      - nobodyandproud 6y ago
        You know this how? https://www.nolo.com/legal-encyclopedia/can-employers-discriminate-based-on-political-beliefs-or-affiliation.html https://www.nolo.com/legal-encyclopedia/can-employers-discri... Specifically: “ Even if you work in a state that doesn’t protect employees from political discrimination, you might still have a legal claim if your employer’s actions were really based on a protected trait under Title VII or a similar state law. For example, if African American employees are fired for participating in a Black Lives Matter rally, but employees of other races are not fired for going to marches, rallies, or protests, that might qualify as illegal race discrimination. ” You don’t have enough information to say either way, and the law and courts aren’t as cut-and-dry as you want to believe.
        floatingatoll 6y ago
        We’re making the same point. They have to show that there was discrimination against protected beliefs. The employer’s currently-stated position does not meet that bar. If the ex-employee has evidence that hasn’t been published by the employer, then they could win in court, if they can convince the court that their evidence is sound.
  - Zuider 6y ago
    Selfish ass? You have made an allegation about this person's character which does not appear to have supporting evidence, either in the article posted or any other source.
    - tssva 6y ago
      Did you miss the part where they use Gab and Parker?
    - DaiPlusPlus 6y ago
      > You have made an allegation about this person's character which does not appear to have supporting evidence, either in the article posted or any other source Correct. However, given the wider social context I’m making an inference from the facts that are established.
  - gnicholas 6y ago
    > Political affiliation is not a protected class. It is in California (and various other states). https://reason.com/volokh/2020/07/26/laws-protecting-private-employees-speech-and-political-activity-against-employer-retaliation-covering-a-wide-range-of-speech/ https://reason.com/volokh/2020/07/26/laws-protecting-private...
    - DaiPlusPlus 6y ago
      Huh, TIL!

The fired agent telegraphed which law she believed has been violated when she said, "I just got fired because I'm a Christian and a conservative." https://www.eeoc.gov/religious-discrimination https://www.eeoc.gov/religious-discrimination

belltaco 6y ago
She can say what she wants. Is being active on Gab and Parler a Christian religious activity?
- swirepe 6y ago
  I think Jesus is a Craigslist guy
- Proziam 6y ago
  A huge percentage of content on Gab is based around religion. If that's where your religious community is (and most people can't see others in person for worship at the moment) then yes, it absolutely is a religious activity.
DaiPlusPlus 6y ago
Political affiliation is not a protected class. Being "a Christian" (whatever that means...) is a protected class - but where in the Bible did Moses or Jesus command people to use Gab, Parler - or even be "conservative"? You can be fired for being a selfish ass (I'm referring to the donkey hybrid, as befits the biblical narrative) - and that's my interpretation of what happened. What matters now is if the law will allow her to use her religion as the basis for being an ass - or not.
- nobodyandproud 6y ago
  An employee can claim that politics, affiliation, etc. was a pretext for firing based on religious beliefs.
  - floatingatoll 6y ago
    Given that this statement is false — "Gab and Parler are religious social networks" — a judge would likely require a pattern of hostility to be shown, or for the firings to coincide with expression of protected religious beliefs that are not also considered hate speech. (If they're considered hate speech, they're no longer protected expression, regardless of whether they're claimed to be religion or not.)
    - deleted 6y ago
      [deleted]
    - nobodyandproud 6y ago
      You know this how? https://www.nolo.com/legal-encyclopedia/can-employers-discriminate-based-on-political-beliefs-or-affiliation.html https://www.nolo.com/legal-encyclopedia/can-employers-discri... Specifically: “ Even if you work in a state that doesn’t protect employees from political discrimination, you might still have a legal claim if your employer’s actions were really based on a protected trait under Title VII or a similar state law. For example, if African American employees are fired for participating in a Black Lives Matter rally, but employees of other races are not fired for going to marches, rallies, or protests, that might qualify as illegal race discrimination. ” You don’t have enough information to say either way, and the law and courts aren’t as cut-and-dry as you want to believe.
      - floatingatoll 6y ago
        We’re making the same point. They have to show that there was discrimination against protected beliefs. The employer’s currently-stated position does not meet that bar. If the ex-employee has evidence that hasn’t been published by the employer, then they could win in court, if they can convince the court that their evidence is sound.
- Zuider 6y ago
  Selfish ass? You have made an allegation about this person's character which does not appear to have supporting evidence, either in the article posted or any other source.
  - tssva 6y ago
    Did you miss the part where they use Gab and Parker?
  - DaiPlusPlus 6y ago
    > You have made an allegation about this person's character which does not appear to have supporting evidence, either in the article posted or any other source Correct. However, given the wider social context I’m making an inference from the facts that are established.
- gnicholas 6y ago
  > Political affiliation is not a protected class. It is in California (and various other states). https://reason.com/volokh/2020/07/26/laws-protecting-private-employees-speech-and-political-activity-against-employer-retaliation-covering-a-wide-range-of-speech/ https://reason.com/volokh/2020/07/26/laws-protecting-private...
  - DaiPlusPlus 6y ago
    Huh, TIL!