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Thread: Supreme court sides with church on firing

  1. #61
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    Re: Supreme court sides with church on firing

    Quote Originally Posted by MaggieD View Post
    She wasn't fired because of her medical condition. She was fired when, after having been told she could return at the beginning of the next school year, she returned to the school, demanded her job back immediately, and threatened to sue if that didn't happen.
    which points to the employer denying her return to her position only because of the health problems she experienced, which problems were beyond her control
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    Re: Supreme court sides with church on firing

    Quote Originally Posted by justabubba View Post
    which points to the employer denying her return to her position only because of the health problems she experienced, which problems were beyond her control
    First of all, just because someone's problems are beyond their control does not mean an employer does anything wrong by firing her.

    Next, they told her she would have to wait until their contract with her substitute expired, which is quite reasonable on its face -- and buttressed by the fact that narcolepsy has no cure.
    The devil whispered in my ear, "You cannot withstand the storm." I whispered back, "I am ​the storm."

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    Re: Supreme court sides with church on firing

    Quote Originally Posted by AdamT View Post
    Yes, I read it, and I know what the Court held. The holding is a legal conclusion. I disagree with their reasoning. Capiche?

    Perhaps, instead of repeating the same thing over and over again, you can explain why you think an employment dispute over a medical condition implicates freedom of religion?
    I asked you what you would do to remedy the situation which you obviously disdain. I agree with the court they should stay out of the affairs of the church.


    BTW being sarcastic, rude and quite frankly, a dullard, does not make your point whatsoever. You got a beef, then propose a solution as I have previously requested.

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    Re: Supreme court sides with church on firing

    Quote Originally Posted by MaggieD View Post
    First of all, just because someone's problems are beyond their control does not mean an employer does anything wrong by firing her.
    actually, if the basis for terminating her was due to one of the EEOC bases, as was evident in this case, then the employer commits an EEOC violation by its actions
    ... unless, thanks to this SC court decision, that employer is a religious organization and the employee engages in some degree of ministerial work

    Next, they told her she would have to wait until their contract with her substitute expired, which is quite reasonable on its face -- and buttressed by the fact that narcolepsy has no cure.
    they have to allow the employee to work when her medical condition allows it. otherwise the employer engages in an EEOC violation. see the exception above
    we are negotiating about dividing a pizza and in the meantime israel is eating it
    once you're over the hill you begin to pick up speed

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    Re: Supreme court sides with church on firing

    Quote Originally Posted by justabubba View Post
    actually, if the basis for terminating her was due to one of the EEOC bases, as was evident in this case, then the employer commits an EEOC violation by its actions
    ... unless, thanks to this SC court decision, that employer is a religious organization and the employee engages in some degree of ministerial work


    they have to allow the employee to work when her medical condition allows it. otherwise the employer engages in an EEOC violation. see the exception above
    We really don't have enough information. But here's what we do have:

    The religious school in Redford, Mich., had fired teacher Cheryl Perich for insubordination after she reported for work even though administrators said they would not rehire her in the middle of the school year. Roberts said Perich qualified as a “minister” and the Constitution barred the state from influencing a church’s selection of such personnel.
    In another link, they went on to say that when she reported for work and insisted she be able to report, she then threatened to sue the school. By the way, her title was Minister of Religion. Basically, this is what SCOTUS was ruling on. "The State" should not interfere with what ministers are hired/fired. Big ruling...since the Catholic Church would be scrood any other way.

    Supreme Court Bars Narcoleptic Lutheran Teacher's Suit Against Church School - News - ABA Journal
    The devil whispered in my ear, "You cannot withstand the storm." I whispered back, "I am ​the storm."

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    Re: Supreme court sides with church on firing

    Quote Originally Posted by MaggieD View Post
    We really don't have enough information. But here's what we do have:



    In another link, they went on to say that when she reported for work and insisted she be able to report, she then threatened to sue the school. By the way, her title was Minister of Religion. Basically, this is what SCOTUS was ruling on. "The State" should not interfere with what ministers are hired/fired. Big ruling...since the Catholic Church would be scrood any other way.

    Supreme Court Bars Narcoleptic Lutheran Teacher's Suit Against Church School - News - ABA Journal
    but it is obvious from the information you provided that the employee returned to work when her medical condition allowed. like we expect employees to do
    we are negotiating about dividing a pizza and in the meantime israel is eating it
    once you're over the hill you begin to pick up speed

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    Re: Supreme court sides with church on firing

    Quote Originally Posted by MaggieD View Post
    We really don't have enough information. But here's what we do have:



    In another link, they went on to say that when she reported for work and insisted she be able to report, she then threatened to sue the school. By the way, her title was Minister of Religion. Basically, this is what SCOTUS was ruling on. "The State" should not interfere with what ministers are hired/fired. Big ruling...since the Catholic Church would be scrood any other way.

    Supreme Court Bars Narcoleptic Lutheran Teacher's Suit Against Church School - News - ABA Journal
    But these are all aspects of a traditionsl employment law matter. Where in all this did the EEOC infringe on the church's RELIGIOUS freedom?

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    Re: Supreme court sides with church on firing

    Quote Originally Posted by AdamT View Post
    But these are all aspects of a traditionsl employment law matter. Where in all this did the EEOC infringe on the church's RELIGIOUS freedom?
    i so hope someone will answer that question
    we are negotiating about dividing a pizza and in the meantime israel is eating it
    once you're over the hill you begin to pick up speed

  9. #69
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    Re: Supreme court sides with church on firing

    Quote Originally Posted by TheNextEra View Post
    If a doctor could professionally say it was under control, I wouldn't have a problem with it.
    Fair enough
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    Re: Supreme court sides with church on firing

    Quote Originally Posted by AdamT View Post
    But these are all aspects of a traditionsl employment law matter. Where in all this did the EEOC infringe on the church's RELIGIOUS freedom?
    This was my issue as well. I'm fine with a religious organization choosing to hire or not hire someone to function as clergy (but only for that position) based on whether that person represents their religious ideals. But being a religious organization does not exempt someone from normal hiring rules. Any church is welcome to fire a priest who converts to Judaism, but cannot violate employment law.

    Are we really suggesting that religious institutions are above the law? Because that's basically what this ruling means.
    Liberté. Égalité. Fraternité.

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