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Old 11-10-2015, 12:54 PM
 
Location: Newport Beach, California
39,228 posts, read 27,597,823 times
Reputation: 16066

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In a civil lawsuit like this, $240,000 is a ridiculous amount.
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Old 11-10-2015, 12:54 PM
 
12,973 posts, read 15,800,908 times
Reputation: 5478
Quote:
Originally Posted by Smash255 View Post
Employers must accommodate requests from their employees for religious reasons as long as the request doesn't have more than a minimal effect on the business. The employees asked not to ship alcohol and instead ship other items, the employer refused that request. When questioned in court over the issue the company admitted that having them ship other items would not have had an impact on the business, hence why they were fined.
And further in some reports it was stated that the accommodation was agreed to by the company before the drivers were hired.
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Old 11-10-2015, 12:58 PM
 
Location: Long Island
57,271 posts, read 26,199,434 times
Reputation: 15640
Quote:
Originally Posted by lilyflower3191981 View Post
again define "reasonable accommodation" and define "undue hardship to the company." There is no standard, you know it, I know it.
Well the company knows it, they didn't even argue the case.

That was $240K for 2 people by the way, they were fired in 2009 and suit was not filed until 2013 and just recently awarded. I have seen far worse.
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Old 11-10-2015, 01:02 PM
 
Location: Newport Beach, California
39,228 posts, read 27,597,823 times
Reputation: 16066
Quote:
Originally Posted by Goodnight View Post
Well the company knows it, they didn't even argue the case.

That was $240K for 2 people by the way, they were fired in 2009 and suit was not filed until 2013 and just recently awarded. I have seen far worse.
Have they found another job in 4 years?

The company should have hired better attorneys.

That is how I see it. If you must insist these two have been discriminated against because of their religion, I don't think I can agree. But that is just my opinion. no more, no less.

by the way, if you claim you have seen worse, I would have to take your words for it, but

Reasonable accommodations" is another way of saying you may also receive a small sum of money in addition to back pay, reinstatement, or promotion. Monetary awards in individual job discrimination suits are normally quite low, so don't expect to receive very much if you win.
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Old 11-10-2015, 01:10 PM
 
Location: Long Island (chief in S Farmingdale)
22,187 posts, read 19,459,426 times
Reputation: 5303
Quote:
Originally Posted by lilyflower3191981 View Post
Have they found another job in 4 years?

The company should have hired better attorneys.

That is how I see it. If you must insist these two have been discriminated against because of their religion, I don't think I can agree. But that is just my opinion. no more, no less.

by the way, if you claim you have seen worse, I would have to take your words for it, but

Reasonable accommodations" is another way of saying you may also receive a small sum of money in addition to back pay, reinstatement, or promotion. Monetary awards in individual job discrimination suits are normally quite low, so don't expect to receive very much if you win.

Back pay likely made up the bulk of the settlement.
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Old 11-10-2015, 01:11 PM
 
Location: Middle of nowhere
24,260 posts, read 14,205,611 times
Reputation: 9895
Quote:
Originally Posted by golimar View Post
The other instances of Muslims suing businesses are; Abercrombie, Swift meat packing, and Hertz.
In the abercrombie case even Scalia says that she could have been easily accommodated. It's a scarf, not a full burka.

The Swift case they claimed that supervisors threw meat and bones at them and harassed them, that is before them asking to have their evening break moved to accommodate prayer. Maybe the moving of a break would be an issue on a production line, if so then the company can show it would be an issue, but throwing bones, and guts at employees is gross, and probably could be considered assault.

In the Hertz case, I don't think they stand a chance. They were given accommodations to pray, but are now upset that they have to clock out and in for those breaks. They were accommodated, end of story.
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Old 11-10-2015, 01:12 PM
 
Location: Middle of nowhere
24,260 posts, read 14,205,611 times
Reputation: 9895
Quote:
Originally Posted by Smash255 View Post
Back pay likely made up the bulk of the settlement.
And they probably won't see a dime since the company is no longer in business.
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Old 11-10-2015, 01:13 PM
 
Location: Charlotte, NC
4,761 posts, read 7,835,363 times
Reputation: 5328
Should the guys have won? Yeah. Should they have been awarded that much? I don't think so.

I see both sides here and my opinion falls in the middle, but also sides with both parties. A refusal to do your job should be a terminating offense. Refusing to do it on religious grounds, while protected, should not be grounds to sue if you're fired. However, firing because of a religious objection to the work is somewhat unjust.

I do have to question if the drivers knew this company transported alcohol and why they chose to seek employment if they knew that.
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Old 11-10-2015, 01:15 PM
 
Location: Long Island
57,271 posts, read 26,199,434 times
Reputation: 15640
Quote:
Originally Posted by lilyflower3191981 View Post
Have they found another job in 4 years?

The company should have hired better attorneys.

That is how I see it. If you must insist these two have been discriminated against because of their religion, I don't think I can agree. But that is just my opinion. no more, no less.

by the way, if you claim you have seen worse, I would have to take your words for it, but

Reasonable accommodations" is another way of saying you may also receive a small sum of money in addition to back pay, reinstatement, or promotion. Monetary awards in individual job discrimination suits are normally quite low, so don't expect to receive very much if you win.
Go see post #82 one christian woman awarded $587K, several million in awards by EEOC each year for relgious discrimination.

Depends on how long they were out of work, lost wages and other compensation, $120K is not that outlandish for one person. This thread wouldn't even have been created if they were christian.
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Old 11-10-2015, 01:17 PM
 
Location: Newport Beach, California
39,228 posts, read 27,597,823 times
Reputation: 16066
Quote:
Originally Posted by Goodnight View Post
Go see post #82 one christian woman awarded $587K, several million in awards by EEOC each year for relgious discrimination.

Depends on how long they were out of work, lost wages and other compensation, $120K is not that outlandish for one person. This thread wouldn't even have been created if they were christian.
That is wrong too.
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