Wednesday, August 04, 2004

Is this religious discrimination?

A woman was fired from “Rising Star -- a Central Florida telecommunications company with strong Muslim ties” for eating pork—because such behavior doesn’t comport with the tenets of the orthodox practice of the Muslim religion.

I don’t think this qualifies as religious discrimination. The firm wasn’t saying “you must be Muslim” therefore, if you are Buddhist, Protestant, or Mormon, we will not let you work here. Rather what they seem to be saying is regardless of your religious faith, if you practice any behavior that we view as inimical to our religion, we will not let you work here. Take Protestant fundamentalism and homosexuality for an analog. Let’s say we have a gay applicant/employee who is also a member of the very liberal Unitarian Church. If a Protestant fundamentalist employer said, “you are a Unitarian, therefore I can’t hire you because of their stance on homosexuality,” then arguably they have committed religious discrimination, because he is discriminating on the grounds of religious affiliation. However, if the employer said, “I don’t care what your religious affiliation is, you just can’t practice any behavior—homosexuality included—that we view as inimical to our faith,” then they are discriminating on the basis of sexuality and sexual behavior, not religion. If “sexual orientation” weren’t a protected class under the respective state or local jurisdiction, then this discrimination arguably would be legal.

With the case at hand, the Muslims seem to be saying the same thing: “We don’t care what your religious affiliation is, you just can’t practice any behavior—eating pork included—that we view as inimical to our faith.” In other words, it’s pork eating, not lack of Muslim faith, that is the ground on which Rising Star is discriminating.

Personally, I think forbidding the eating of pork is a stupid ground for an adverse employment decision, but in a jurisdiction where employers as well as employees can base their decisions on good reason, bad reason, or no reason at all, (provided it doesn’t fall under an exception to this default employment at will rule, like bona-fide discrimination or public policy), then the behavior is legal.

But what’s good for the goose ought to be good for the gander. Employment discrimination laws ought not to exist in the private sector. If non-pork eating Muslims may discriminate against those not in this group, then those not in this group ought to be able to discriminate against non-pork eating Muslims. Private employers also should be able to discriminate against Muslims, Protestant Fundamentalists, atheists, homosexuals, men, women, whites, blacks, the handicapped, etc. After all, as Richard A. Epstein points out, the employer owns the capital; thus the job is his or hers to give.

[Update: Thanks to Eugene Volokh for the link!]

16 comments:

TS said...

Nice Blog!!!   I thought I'd tell you about a site that will let give you places where
you can make extra cash! I made over $800 last month. Not bad for not doing much. Just put in your
zip code and up will pop up a list of places that are available. I live in a small area and found quite
a few. MAKE MONEY NOW

Editor Choice said...

Quality blog, enjoyed it. I will comeback.
I wanted just to mention an interesting site regarding: Religions, with more than 500 pages, Religion News and Articles Religion Universe: Buddhism, Christianity, Hinduism, Islam, Judaism, Taoism (Daoism) and many others

Askinstoo said...

Nice Blog!!!   I thought I'd tell you about a site that will let give you places where
you can make extra cash! I made over $800 last month. Not bad for not doing much. Just put in your
zip code and up will pop up a list of places that are available. I live in a small area and found quite
a few. MAKE MONEY NOW

unixlinux said...

Nice blog. Check out my cat in the cradle blog.

The Blah Brain said...

Hey, nice blog you've got here. :)

--TBAS said...

Did you ever hear of this outcome? I'm looking but I'm not seeing it online anywhere. Or even that it was actually filed as a lawsuit.

I was all full of piss-N-vinegar when I first read about this but your point makes sense.

mrgreen said...

Great blog, it very nice. To found additional information about kittens and puppies visit my site Cute Kitten Pictures and other site about puppies Cute Puppy Pictures

Anonymous said...

2009 years is awesome poker card and no need deposit bonus from trust poker portal. Starting money capital for new poker sharks.
Get All possible poker bonus $50 without deposit & rake free poker bankrolls.
More smart free dollar sign up bonus online poker are worm and cold, give's all new players.
First site with normal bonuses is that no deposit bonuses cash prizes glory worry.
poker cash no deposit $220 BetMost token - $250 guaranteed prize fund for you and me.
We had free money for start play and this is not over free chips at green tables or texas rooms. That mean that cd poker platform is most in progress.
More country like Belgium Togo and Dominicana want free instant poker bankrolls and that is no suspect.
Enjoy free poker profesionall cd poker instant bonus free 50 dollars with password to made hudge victory.
Mike have No deposit POKER signup bonuses only for two person, Free poker money no quiz is soft decide.
Omaha rule and beer with this cards be fine and daily freerolls with buy-in 45$ for rackback no deposit tour.
Scarry poker movie deposit no needed poker try it ist's $50 bankrolls, great omaha news.
-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/
Poker Party, Vulcan, Pkr, Mansion, bez depozytu, William Hill, za darmo, Full Tilt, 50 dolarów, PokerStars,darmowe bonusy.
Online poker - bonus - titan - poker texas holdem - free - omaha - freeroll - party - pkr - online game.
Graj zawsze za darmowe party bonusy pokerowe o wartosci 25 dolarów.
bez depozytu 50 dollarów
Tak jakby to są fakty poker bez depozytu bonus ale inaczej mówią titan poker.
Chyba że lubisz pokera w niecodziennej innej postaci karcianej, spróbuj więc Mansion poker bonus za darmo we wczorajszej pogawędce.
Czyli kup za darmo bez deponowania kasy. no deposit wszedobylski poker without $50.
Na stronie pierwszej znajdziesz wszyskie mozliwe bonusy titan bez depozytu na 50 dolarów dla najnowszych kart pokerowych.

Anonymous said...

Another Currently on the web to learn starting poker bonuses from many website in online deal morning.
Small articles about poker existing web master of game.
sent me to the to you bankroll Is anyting i can do for poker strategy. Yes ar no and not be funny.
Than you approthed those first deposit poker bonuses and play a lot.
Great gaiming day and be investment no deposit ( cheap ).

Anonymous said...

Free poker money no quiz and naturall online poker free capital for all country.

pedro velasquez said...

The laws against religious discrimination present employers with a seeming contradiction. On the one hand, you can't make employment decisions based on a person's religion.sportsbook On the other, you might have to take an employee's religion into account when making certain workplace decisions.
This apparent contradiction comes from the fact that religion is not just a characteristic bet nflit is also a set of practices and beliefs. The law prohibits you from discriminating based on the fact of someone’s religion (for example,http://www.enterbet.com that an employee is Jewish or Catholic or Baptist).

qingchengzhilian said...

Your blog is very good, it's the best blog I've ever seen, thank you!
By the way, do you like polo shirts, which are very chic, especially the polo t shirts, I love them very much. I also like playing tennis rackets, it can keep healthy, what do you like to do? I'd like to introduce myself as the outlet of polo t shirts women, polo t shirts on sale, and polo t shirts for women. These products are our masterpieces, such as polo shirts on sale, polo shirts men, men's polo shirt, men polo shirt, mens polo shirts, mens polo shirt, besides we also sell cheap polo shirts, discount polo shirts, men's polo shirts, women's polo shirts. We are also the outlet of, cheap tennis racket, discount tennis racket, we recommend prince tennis racquet, head tennis rackets, wilson tennis racket, babolat tennis racquet. And it is our great pleasure that you come to our store online!

kimberly sayer said...

Rising Stars is a 24-issue comic book limited series by J. Michael Straczynski about 113 people (called "Specials")costa rica fishingborn with special abilities following the appearance of a mysterious light in the sky above Pederson, Illinois.
http://www.fishingcostaricaexperts.com

pedro velasquez said...

Religious discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs. The law protects people who belong to traditional, Sportsbook organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, and others who have sincerely held religious, ethical or moral beliefs. Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion or because of his or her connection with a religious organization or group. Religious Discrimination & Work Situations The law forbids discrimination when it comes to any aspect of employment, including hiring, online betting firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. Religious Discrimination & Harassment It is illegal to harass a person because of his or her religion. Harassment can include, for example, offensive remarks about a person’s religious beliefs or practices. Although the law doesn’march madness t prohibit simple teasing, offhand comments, or isolated incidents that aren’t very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).
http://www.canadacasino.com

kimberly sayer said...

fishing costa rica experts
costa rica fishing vacations
costa rica fishing vacations
sport fishing in costa rica
costa rica fishing charters
costa rica deep sea fishing
costa rica fishing package
costa rica sport fishing
costa rica fishing tours
costa rica fishing lodge
costa rica fishing trips
fishing jaco costa rica
costa rica surf fishing
fishing in costa rica
tours of costa rica
costa rica fishing
saltwater fishing
offshore fishing
fishing in jaco
manuel antonio
salmon fishing
sport fishing
fishing guide


http://www.fishingcostaricaexperts.com

britney sayers said...

Los suenos Costa rica fishing, Los suenos Costa rica fishing, Costa rica deep sea fishing, Costa rica fishing packages, Costa rica fishing lodge, Costa rica sport fishing, Costa rica surf fishing, Costa Rica Party Boats, Whale costa rica tours, Fishing in costa rica, Whale Watching Tours, Panama fishing trips, Tours of costa rica, Fishing costa rica, Costa rica fishing, Saltwater fishing, Offshore fishing, Costa rica tours, Fishing in jaco, Manuel antonio, Sailfish fishing, Fishing panama, Panama fishing, Sportfishing.  
http://www.kingtours.com