Check out Biologist fired for beliefs, suit says - The Boston Globe
Click http://www.boston.com/news/local/articles/2007/12/07/biologist_fired_for_be liefs_suit_says/ here: Biologist fired for beliefs, suit says - The Boston Globe Joel L. Sogol 811 21st Ave. Tuscaloosa, ALabama 35401 ph (205) 345-0966 fx (205) 345-0971 email: [EMAIL PROTECTED] Ben Franklin observed that truth wins a fair fight - which is why we have evidence rules in U.S. courts. ,_._,___ ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
Re: Check out Biologist fired for beliefs, suit says - The Boston Globe
Interesting set of facts and interesting procedural position. I find it hard to imagine a situation other than an actual religious organization where a person's religious belief system, without more, would be a BFOQ, so I don't think Woods Hole is on very solid ground there. Nobody seemed to think this person was doing a bad job until he mentioned his religious views. On the other hand, if he had requested reassignment as an accommodation to his religious views, and he was not performing work unrelated to its mission (IT, for example), I can understand, based on Woods Hole's main lines of work, its claim that it would be an unreasonable burden. The harassment claim, if he's only raising it now after losing at the administrative level, might conceivably be barred, though I gladly defer to those of you better versed in EEO law. Vance On Dec 7, 2007 12:40 PM, Joel Sogol [EMAIL PROTECTED] wrote: Click here: Biologist fired for beliefs, suit says - The Boston Globehttp://www.boston.com/news/local/articles/2007/12/07/biologist_fired_for_beliefs_suit_says/ Joel L. Sogol 811 21st Ave. Tuscaloosa, ALabama 35401 ph (205) 345-0966 fx (205) 345-0971 email: [EMAIL PROTECTED] Ben Franklin observed that truth wins a fair fight - which is why we have evidence rules in U.S. courts. ,_._,___ ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. -- Vance R. Koven Boston, MA USA [EMAIL PROTECTED] ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
Re: Check out Biologist fired for beliefs, suit says - The Boston Globe
Although the facts are not as clear as one would hope, I see little evidence in the story that would substantiate a charge of religious discrimination or of failure to reasonably accommodate religious observances and practices. The complaining party was hired as a postdoc for research into the developmental biology of zebrafish; for background, see http://scienceblogs.com/pharyngula/2007/12/slackjawed_creationist_surpris.php and from our moderator's blog, http://volokh.com/archives/archive_2007_12_02-2007_12_08.shtml#1197041977 If this statement is true, it would seem dispositive: ...you have indicated that you do not recognize the concept of biological evolution and you would not agree to include a full discussion of the evolutionary implications and interpretations of our research in any co-authored publications resulting from this work, Hahn wrote in the letter, which the commission provided to the Globe. This position is incompatible with the work as proposed to NIH and with my own vision of how it should be carried out and interpreted. Of course the facts may turn out to be quite different, but on the surface there is little to suggest unlawful discrimination, and given the no cause finding preceding the litigation, some reason to wonder whether Rule 11 sanctions may be in play. Michael R. Masinter 3305 College Avenue Professor of LawFort Lauderdale, FL 33314 Nova Southeastern University(954) 262-6151 (voice) Shepard Broad Law Center(954) 262-3835 (fax) [EMAIL PROTECTED] Chair, ACLU of Florida Legal Panel Quoting Joel Sogol [EMAIL PROTECTED]: Click http://www.boston.com/news/local/articles/2007/12/07/biologist_fired_for_be liefs_suit_says/ here: Biologist fired for beliefs, suit says - The Boston Globe Joel L. Sogol 811 21st Ave. Tuscaloosa, ALabama 35401 ph (205) 345-0966 fx (205) 345-0971 email: [EMAIL PROTECTED] Ben Franklin observed that truth wins a fair fight - which is why we have evidence rules in U.S. courts. ,_._,___ ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
Re: Check out Biologist fired for beliefs, suit says - The Boston Globe
Does it matter why the person does not accept evolution if part of the job is to study the evolution of whales? The variability of zebrafish in response to environmental pressures? The genetic and evolutionary links between zebrafish and other fish (e.g., building a zebrafish evolutionary tree)? If the purpose of the company is to study evolution, can a person get a pass by asserting a belief against it is based on religion? I guess I don't see it here. For many jobs accepting the evolution paradigm would not be relevant -- like teaching copyright law -- but for some it certainly is a BFOQ. But how about the person who says like on Mythbusters: I reject your reality and substitute my own, but adds, But while you pay me I will treat your reality as if it were real. I will use the standard biological evolution paradigm for you, but will continue to think it is the wrong paradigm and will also use the evidence I gather to support the young-earth creation paradigm. Could this person still be fired without violating the rules against discrimination on the basis of religion? Steve On 12/7/07, [EMAIL PROTECTED] [EMAIL PROTECTED] wrote: Although the facts are not as clear as one would hope, I see little evidence in the story that would substantiate a charge of religious discrimination or of failure to reasonably accommodate religious observances and practices. The complaining party was hired as a postdoc for research into the developmental biology of zebrafish; for background, see http://scienceblogs.com/pharyngula/2007/12/slackjawed_creationist_surpris.php and from our moderator's blog, http://volokh.com/archives/archive_2007_12_02-2007_12_08.shtml#1197041977 If this statement is true, it would seem dispositive: ...you have indicated that you do not recognize the concept of biological evolution and you would not agree to include a full discussion of the evolutionary implications and interpretations of our research in any co-authored publications resulting from this work, Hahn wrote in the letter, which the commission provided to the Globe. This position is incompatible with the work as proposed to NIH and with my own vision of how it should be carried out and interpreted. Of course the facts may turn out to be quite different, but on the surface there is little to suggest unlawful discrimination, and given the no cause finding preceding the litigation, some reason to wonder whether Rule 11 sanctions may be in play. Michael R. Masinter 3305 College Avenue Professor of LawFort Lauderdale, FL 33314 Nova Southeastern University(954) 262-6151 (voice) Shepard Broad Law Center(954) 262-3835 (fax) [EMAIL PROTECTED] Chair, ACLU of Florida Legal Panel Quoting Joel Sogol [EMAIL PROTECTED]: Click http://www.boston.com/news/local/articles/2007/12/07/biologist_fired_for_be liefs_suit_says/ here: Biologist fired for beliefs, suit says - The Boston Globe Joel L. Sogol 811 21st Ave. Tuscaloosa, ALabama 35401 ph (205) 345-0966 fx (205) 345-0971 email: [EMAIL PROTECTED] Ben Franklin observed that truth wins a fair fight - which is why we have evidence rules in U.S. courts. ,_._,___ ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. -- Prof. Steven Jamar Howard University School of Law ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
