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Are Work-Place Anti-Gay Comments A Protected Religious Freedom?

W!nston

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Ford Worker Fired For Anti-Gay Comment Sues For Religious Discrimination
'Homosexual behavior leads to death.'

Huffington Post | By Kate Abbey-Lambertz | July 13 2015

A former Ford Motor Co. engineer says in a lawsuit that the automaker violated his religious freedom when it fired him for posting an anti-gay comment on the company website.

Thomas Banks, of Michigan, describes himself in a federal lawsuit filed Friday as a Christian who worked for Ford on assignment to Rapid Global Business Solutions for three years. A year ago, Banks commented on a Ford intranet article celebrating the 20th anniversary of GLOBE, a group fostering an inclusive workplace for gay, lesbian, bisexual and transgender employees, saying Ford has no place promoting sodomy or “immoral sexual conduct” and should be “thoroughly ashamed.” Banks claimed the article was an assault on his religious beliefs.

“And yes -- this is historic -- but not in a good way,” Banks wrote. “Never in the history of mankind has a culture survived that promotes sodomy. Heterosexual behavior creates life -- homosexual behavior leads to death.” The article -- which does not address sodomy or other sex acts -- is still online, though no comments are visible to the public.

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Nearly two weeks later, supervisors from both companies told Banks his comments violated Ford’s anti-harassment policy and fired him. The companies “acted intentionally out of malice or reckless disregard of Banks’ federally protected rights,” the lawsuit alleges.

Ford and Rapid Global Business Solutions weren't immediately available for comment. The companies haven't yet answered the lawsuit in court.

Banks earlier filed a claim with the U.S. Equal Employment Opportunity Commission, which declined to pursue it. At the time, Ford said in a statement that the matter is "ultimately between the individual and their agency employer," Rapid Global Business Solutions. The lawsuit says Banks was legally an employee of both companies.

In testimony before the EEOC, included in the federal complaint, Rapid Global Business Solutions supervisor Kelsey Rossey acknowledged that Banks’ comment was an expression of his religious convictions, but “the tone of the comment … was discrimination in and of itself and that’s not something that we can protect.”

According to the lawsuit, Banks supports a diverse and inclusive workplace.

“Banks respects others, even those who disagree with him, as he has throughout his career, and merely hopes for the same respect in turn,” the complaint says.

Banks seeks damages for religious discrimination and retaliation under federal civil rights law as well as Michigan’s Elliott-Larsen Civil Rights Act, which prohibits employers from firing or otherwise discriminating against individuals because of “religion, race, color, national origin, age, sex, height, weight, or marital status.”

Sexual orientation and gender expression are not protected classes under the state law, despite frequent attempts to amend it. An individual in Michigan who is fired for being gay would have no legal recourse, unlike Banks.

SOURCE

The last paragraph says it all:

Sexual orientation and gender expression are not protected classes under the state law, despite frequent attempts to amend it. An individual in Michigan who is fired for being gay would have no legal recourse, unlike Banks.
 

gb2000ie

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Logically, and morally, speaking, the bigot is clearly in the wrong.

Alas, in much of the US, he could have a legally sound case.

In Ireland the bigot would have fallen foul of our employment laws, which protect employees from 'hostile work environment'.

B.
 

js324

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Hmm... He could have a case, but either way if he violated company policy the company will probably win. Since he didn't say it to any employee personally however, I don't think he should have been fired, rather he should have been given a warning warning/demerit/ 1st strike and then sent off to counseling and sensitivity training. Firing him for this only adds fuels to their side's claim. If you keep poking the bear it's gonna get mad at you and attack you. If you ignore it, it will go away. If you give him honey, you can win him over to your side
 

topdog

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What we have here is the responsibility of the employer to provide a safe (harassment-free) work environment, and at the same time not discriminate based on religion. What happens when one person's religion is another's harassment? The courts will have to work it out.
 

gb2000ie

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What we have here is the responsibility of the employer to provide a safe (harassment-free) work environment, and at the same time not discriminate based on religion. What happens when one person's religion is another's harassment? The courts will have to work it out.

Is making anti-gay comments everywhere part of practising Christianity?

It seems nuts to me to uses Jesus as a legal excuse to be a dick.

Mind you - much of what evangelical Christians get up seems nuts to me.

B.
 
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