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[Gaborn]

Wal-Mart was within its rights to fire a Joliet store employee who told a lesbian co-worker that she would go to hell because God does not accept gays, and the dismissal was not religious discrimination, a federal appeals court has ruled.

Tanisha Matthews began working as an overnight stocker at the Joliet Wal-Mart in 1996, according to court documents. In September 2005, during a break in the shift, Matthews took part in a conversation about God and homosexuality.

The next day, an employee informed a manager that Matthews had made inappropriate comments about gays to a lesbian employee named Amy. Over the next three months, Wal-Mart interviewed and obtained statements from employees who were present.

In her statement, Amy reported that Matthews was “screaming over her” that God does not accept gays; they should not “be on earth”; and they will “go to hell” because they are not “right in the head.” Five other employees confirmed that Matthews had said gays are sinners who are going to hell.

Wal-Mart fired Matthews after concluding she had engaged in behavior that violated the company’s Discrimination and Harassment Prevention Policy. The policy, which the court said Matthews was aware of at the time of the incident, prohibits employees from engaging in conduct that could reasonably be interpreted as harassment based on an individual’s status, including sexual orientation, and says they can be fired for such conduct.

Matthews, an Apostolic Christian, sued Wal-Mart Stores Inc. for race and religious discrimination under the Civil Rights Act of 1964, claiming she was fired because of her religious beliefs and not for violating company policy.

She voluntarily dismissed the race discrimination claim, and the U.S. District Court in Chicago granted summary judgment to Wamart on her religious-discrimination claim .

“Because Matthews has not provided evidence of religious discrimination, we affirm,” the U.S. Appeals Court for the Seventh Circuit said in its decision, announced March 31.

In her suit, Matthews claimed Wal-Mart engaged in religious discrimination by firing her for expressing religious beliefs. “But if Matthews is arguing that Wal-Mart must permit her to admonish gays at work to accommodate her religion, the claim fails,” the Appeals Court stated in its decision.

Wal-Mart “fired her because she violated company policy when she harassed a coworker, not because of her beliefs,” the ruling states.

The decision stated that, “in any event, Wal-Mart’s anti-harassment policy establishes that her conduct qualified as harassment and that Wal-Mart may fire rather than merely suspend her.”

Matthews told the court the Illinois Department of Employment Security found the misconduct that led to her termination was not severe enough to bar her from receiving unemployment benefits, “But the agency’s finding is irrelevant,” the appeals court said.

Matthews also argued that she had been meeting Wal-Mart’s expectations before the incident and was the only employee fired as a result of the conversation.

The summary judgment noted that none of the other employees made comments that violated the harassment policy, noting that Matthews admitted that none of the other employees involved made such comments.

“Finally,” the decision stated, “Matthews argues that her trial counsel provided ineffective assistance and sabotaged her case. But Matthews’ remedy for counsel’s allegedly negligent behavior is a malpractice action, not another shot at a trial against Wal-Mart.”

Story Here

It's pretty ridiculous Walmart was even sued at all over that.

 

[samus i am]

Sounds about right. Keep those crazies out of public.

 

[Az]

Even when buying/selling baskets?

 

[Devolution]

Awesome. Nice precedent too, religious discrimination ain't happenin' if you're being a bigoted asshole.

 

[ultron87]

/cheer

 

[Dreams-Visions]

well good.

 

[Joel Was Right]

I'm slightly confused. She was fired for commenting in the negative on homosexuality in a conversation about religion and homosexuality? That makes no sense. Walmart in the article then say she wasn't fired for her comments but 'harassing' the woman - I'm guessing that relates to the described screaming? Was this all based on that 'conversation'? I'm trying to think how a conversation, even an argument that involves screaming, changes to harassment as the term indicates a prolonged period of abuse.

 

[Blair]

buh buh buh i'm religious, i get to be bigoted!

 

[The Lamp]

At first I was thinking "Why do you care what your co-workers are babbling about anyway? Just ignore them."

But then the article said the co-worker was screaming that she's "not right in the head" and should "not be on earth", and that's just turning into a belligerent personal attack.

Glad she got fired. That kind of conduct is ridiculous and harassment.

I'm slightly confused. She was fired for commenting in the negative on homosexuality in a conversation about religion and homosexuality? That makes no sense. Walmart in the article then say she wasn't fired for her comments but 'harassing' the woman - I'm guessing that relates to the described screaming? Was this all based on that 'conversation'?

It was probably more for what I said above. She, in essence, called her mentally inadept and said she didn't have the right to exist, because she's a lesbian. Not only that, she was screaming.

That's where it's no longer a conversation about what you believe vs. what the other person believes, but rather an intentional attack upon someone else through insults.

 

[gcubed]

doesn't this basically fall under workplace harassment? Not sure why it would even go to court and not get instantly thrown out.

 

[out0v0rder]

can i still hate walmart

 

[Seda]

Wal-Mart “fired her because she violated company policy when she harassed a coworker, not because of her beliefs"

Pretty clear cut

 

[Jobiensis]

doesn't this basically fall under workplace harassment? Not sure why it would even go to court and not get instantly thrown out.

Yeah, she has every right to be bigoted, she just can't harass other employees with her bigotry.

can i still hate walmart

Yes, their policies against women are pretty awful.

 

[JoeBoy101]

Even when buying/selling baskets?

Nicely done.

 

[Clydefrog]

I like how she initially tried to play the race card as well. GTFO

 

[sangreal]

I'm slightly confused. She was fired for commenting in the negative on homosexuality in a conversation about religion and homosexuality? That makes no sense. Walmart in the article then say she wasn't fired for her comments but 'harassing' the woman - I'm guessing that relates to the described screaming? Was this all based on that 'conversation'?

Hm, I missed that part about how these comments were made during a conversation on god and homosexuality. That does make it seem like she was fired just for expressing her (solicited) beliefs. While Walmart is under no obligation to allow their employees to express their beliefs at work, it seems kind of messed up that the debate isn't banned but taking one side over the other will get you fired.

 

[ShdwDrake]

Hm, I missed that part about how these comments were made during a conversation on god and homosexuality. That does make it seem like she was fired just for expressing her (solicited) beliefs. While Walmart is under no obligation to allow their employees to express their beliefs at work, it seems kind of messed up that the debate isn't banned but taking one side over the other will get you fired.

What I got was that the debate led to direct harrasment against another coworker.

 

[Stumpokapow]

Hm, I missed that part about how these comments were made during a conversation on god and homosexuality. That does make it seem like she was fired just for expressing her (solicited) beliefs. While Walmart is under no obligation to allow their employees to express their beliefs at work, it seems kind of messed up that the debate isn't banned but taking one side over the other will get you fired.

as with always, replace homosexuality with race relations and realize that one side of the "debate" is allowed in the workplace and the other side is not by and large, solicited or not.

 

[-COOLIO-]

good, walmart represent

 

[GaimeGuy]

According to walmart's statemenet of ethics:

Harassment: Any conduct which inappropriately or unreasonably interferes with work performance, diminishes the dignity of any person, or creates an intimidating, hostile, or otherwise offensive work environment.

 

[Neuromancer]

I don't care too much for Walmart but I'm glad they won this one. Ridiculous if they couldn't fire her because of that. Imagine if they lost and had to hire her back.

 

[John Rabbit]

Even when buying/selling baskets?

excellent post.

 

[JGS]

Hard to believe this was an issue.

I suppose if they were actually having a discussion at work, but if she walked up to the lady and condemned her it's a different matter.

 

[titiklabingapat]

Race reasons?

 

[Devolution]

Hard to believe this was an issue.

I suppose if they were actually having a discussion at work, but if she walked up to the lady and condemned her it's a different matter.

Pretty sure even in a discussion you don't tell a fellow employee they're going to burn in hell and call them mentally ill.

 

[totowhoa]

Fucking good. They should have the right to fire over more than that, but that's irrelevant to this, I guess. I'm glad corporations can safely fire over blatant homophobia.

 

[Agnostic]

I have nothing to add to the conversation except that the city of Joliet is a fucking dump. If you told me that the People of Walmart website only used Joliet as their source I would believe you.

 

[JGS]

Pretty sure even in a discussion you don't tell a fellow employee they're going to burn in hell and call them mentally ill.

If a co-worker is stupid enough to ask about religious beliefs they better expect it.

What is the person going to do- lie?

 

[Rahxephon91]

Hey, I've been to this Walmart!

 

[Devolution]

If a co-worker is stupid enough to ask about religious beliefs they better expect it.

What is the person going to do- lie?

More like if you're stupid enough to say that crap, good luck keeping your job.

 

[Femmeworth]

Awesome.

 

[timetokill]

Good job Walmart

 

[Stumpokapow]

If a co-worker is stupid enough to ask about religious beliefs they better expect it.

What is the person going to do- lie?

Pretend I'm a Jew and you're a Neo-Nazi.

Me: "I had a great day at temple this weekend. It's Channukah!"
You: "Death to your slimy rat race!!!"

You're telling me I'm the one who erred?

 

[levious]

If a co-worker is stupid enough to ask about religious beliefs they better expect it.

What is the person going to do- lie?

dude, don't bother defending this, even halfheartedly

 

[Ryck]

What if the employee in question has a skilled lawyer uncle?

 

[Bregor]

If a co-worker is stupid enough to ask about religious beliefs they better expect it.

What is the person going to do- lie?

They do not have to lie, they can say nothing at all.

 

[Devolution]

What if the employee in question has a skilled lawyer uncle?

 

[alphaNoid]

Good job Walmart

 

[Staccat0]

I have nothing to add to the conversation except that the city of Joliet is a fucking dump. If you told me that the People of Walmart website only used Joliet as their source I would believe you.

I lol'ed

 

[AiTM]

I'm not for ANYONE getting fired over speech, harassing a coworker is another story tho. All of you people saying good job walmart...so do you want this women to just not work? And live off our tax dollars? Kill them? What? Covert to your beliefs or what exactly. Keep their mouths shut? yea I wish alot of people I have to come in contact with would keep their dumb fat mouths shut.

 

[ToxicAdam]

This woman sounds like a great 'christian'.

Matthews argues that her trial counsel provided ineffective assistance and sabotaged her case. But Matthews’ remedy for counsel’s allegedly negligent behavior is a malpractice action, not another shot at a trial against Wal-Mart.”

 

[titiklabingapat]

I'm not for ANYONE getting fired over speech, harassing a coworker is another story tho. All of you people saying good job walmart...so do you want this women to just not work? And live off our tax dollars? Kill them? What? Covert to your beliefs or what exactly. Keep their mouths shut? yea I wish alot of people I have to come in contact with would keep their dumb fat mouths shut.

Just get out of other people's business and, I don't know, stop screaming on thier faces?

 

[Stumpokapow]

I'm not for ANYONE getting fired over speech, harassing a coworker is another story tho. All of you people saying good job walmart...so do you want this women to just not work? And live off our tax dollars?

If someone isn't qualified to hold a job, they shouldn't have that job. A qualification of having a job is being able to work with others. Being able to work with others means either not being hateful to broad classes of people, or being hateful and being able to do your job without letting your hate interfere and come to the surface.

Covert to your beliefs or what exactly. Keep their mouths shut? yea I wish alot of people I have to come in contact with would keep their dumb fat mouths shut.

It's not "convert to our beliefs", it's "convert to a set of beliefs that's compatible with basic human decency". Telling a coworker they aren't right in the head and that they should burn in hell is not acceptable. Just like telling a black coworker they're sub-human and criminally predisposed. Or refusing to work with a Jewish coworker. Or just being an asshole to coworkers in general.

 

[Cyan]

If a co-worker is stupid enough to ask about religious beliefs...

Where's this coming from?

 

[Devolution]

I'm not for ANYONE getting fired over speech, harassing a coworker is another story tho. All of you people saying good job walmart...so do you want this women to just not work? And live off our tax dollars? Kill them? What? Covert to your beliefs or what exactly. Keep their mouths shut? yea I wish alot of people I have to come in contact with would keep their dumb fat mouths shut.

You seem to be under the assumption that the first amendment should or does protect employees.

 

[totowhoa]

Pretend I'm a Jew and you're a Neo-Nazi.

Me: "I had a great day at temple this weekend. It's Channukah!"
You: "Death to your slimy rat race!!!"

You're telling me I'm the one who erred?

Technically, he used the word 'ask', so the analogy isn't really applicable. Not that I agree with his defense. Although, I doubt a homosexual was inquiring about what their religious belief was.

....

I was coming up with a better analogy using false conversation, but everything I wrote just sounded ridiculous. I lean towards doubt that the homosexual placated this situation in any way by asking about the other's religious belief.

 

[FunkyPajamas]

Even when buying/selling baskets?

I love these cross-posting micro-memes.

 

[Neuromancer]

I'm not for ANYONE getting fired over speech, harassing a coworker is another story tho. All of you people saying good job walmart...so do you want this women to just not work? And live off our tax dollars? Kill them? What? Covert to your beliefs or what exactly. Keep their mouths shut? yea I wish alot of people I have to come in contact with would keep their dumb fat mouths shut.

Oh come on.

She can get a job somewhere else. And hopefully she'll have learned her lesson and will be less of a bitch next time.

 

[Mister Wilhelm]

Well this is a refreshing step in the right direction.

 

[DarkKyo]

I'm not for ANYONE getting fired over speech, harassing a coworker is another story tho. All of you people saying good job walmart...so do you want this women to just not work? And live off our tax dollars? Kill them? What? Covert to your beliefs or what exactly. Keep their mouths shut? yea I wish alot of people I have to come in contact with would keep their dumb fat mouths shut.

Uhhh... there's a distinct difference between hatefully screaming at a co-worker and having your own set of beliefs... I hope you are kidding.