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You seem to believe it's too black and white. I simply don't.

Every job has a job description. Every job has duties you are required to perform. To me it's very simple. Either you are willing to do the requirements of your job, or you find another job.

To you that seems too black and white. To me it's a logical answer to a simple question that people are trying to over complicate.


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I'm not entirely sure why, but the argument that the business could have easily swapped the route annoys me. To me it takes things away from principles and into this subjective measurement of ease. If an employee can't do certain jobs people with the same description can do...they should be firable for that or paid less. I'm not into making things super convenient for everyone, it doesn't work as a principle. If we followed it as a principle then employees who can't do their jobs are incredibly inconvenient to everyone else.

I have no issues with individual contracts and dare I say unions that have laws an employer agrees to. The employer could neither refuse to hire these guys on the basis of their inability to do some jobs, nor fire them for it. They are completely hamstrung. It is unfair.

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Originally Posted By: PitDAWG
You seem to believe it's too black and white. I simply don't.

Every job has a job description. Every job has duties you are required to perform. To me it's very simple. Either you are willing to do the requirements of your job, or you find another job.

To you that seems too black and white. To me it's a logical answer to a simple question that people are trying to over complicate.


May sound simple to you but what if they hire a Muslim to drive a truck and deliver shirts but after a year on the job they tell him he must now deliver bacon or he is fired? You think it is just to treat the Muslim that way? Tough luck religious man, we don't care if you feed your family with this job, we have changed your job description now! Is this what you support?

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Originally Posted By: PitDAWG
You seem to believe it's too black and white. I simply don't.

Every job has a job description. Every job has duties you are required to perform. To me it's very simple. Either you are willing to do the requirements of your job, or you find another job.

To you that seems too black and white. To me it's a logical answer to a simple question that people are trying to over complicate.


It is just that simple. It's your job, do it!

In this day and age, anyone who has a job should be grateful (according to many who claim getting a job is difficult) and blaming societal issues on the unavailability of jobs. If some of these folks are coming to this country to live their dream as some suggest, then do your job and be thankful you have one. You can't have it both ways like a spoiled little child saying " well, I only want to do the parts of the job I want to do" OR " I only want the job that I want."

On the other hand, perhaps they are truly following the Muslim teachings and wish to take over the world, create Muslim friendly environments, close schools on Muslim holidays, take out anyone who is non Muslim and create division among the ranks .......CONQUER!

Just sayin.......


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Originally Posted By: 40YEARSWAITING
May sound simple to you but what if they hire a Muslim to drive a truck and deliver shirts but after a year on the job they tell him he must now deliver bacon or he is fired? You think it is just to treat the Muslim that way? Tough luck religious man, we don't care if you feed your family with this job, we have changed your job description now! Is this what you support?


Yes, it's still that simple. Nobody is forcing him to eat bacon.

If a trucking company signs a contract to deliver bacon, then by extension it's now his job to deliver bacon. It's not up to the business to limit their contracts or to accommodate employees who feel some need to feel offended.

Just like it's now the job of Kim Davis to provide marriage licenses to gay couples. Simple.

One is Christian, one is Muslim. They both have a job to do.


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god, you probably think there's a muslim guy planting a bomb behind your house, too.


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Originally Posted By: ErikInHell
I said implied. That's what I get from what you say.


Uhm, stating (and ill quote here):

Quote:
you've implied that people should leave their religion at home when they go to work.


doesn't mean that you can't provide a quote for me that shows I implied such. So until you do, or admit you made an assumption, I will have to reiterate a kind BS on the matter.


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Originally Posted By: PitDAWG
You seem to believe it's too black and white. I simply don't.

Every job has a job description. Every job has duties you are required to perform. To me it's very simple. Either you are willing to do the requirements of your job, or you find another job.

To you that seems too black and white. To me it's a logical answer to a simple question that people are trying to over complicate.


BY LAW, Employers must reasonably accommodate employees' sincerely held religious practices unless doing so would impose an undue hardship on the employer. Examples listed in various case law include but don't limit to swapping shifts, flexible scheduling, or voluntary shift substitutions. The case that led to it's inclusion in the Civil Rights Act is Dewey v Reynolds Metal Co.

The funny thing about all this is proving undue hardship is easy. All you have to do is prove that the accommodations would cost you more than a de minimis cost as an employer and you WIN the case. So if accommodating a muslim or buddhist would cost you, you don't have to do it (as an employer). So star transport not being able to make that case is hilarious!!

This isn't a muslim thing either. The EEOC sued Rent-A-Center a few years back because a manager was a Seventh-Day Adventist. This manager needed to be off on Saturdays to honor the Sabbath. Just so you know Adventists aren't muslim. They are Christian. Ben Carson is one. RAC argued that they need him to work Saturdays because it was their busiest day, and the manager agreed that on the busiest days, he would need to work there. RAC was then able to prove that they would lose money by not having a manager around on that day, and by that, the courts concluded that RAC could let the person go for failure to complete his required job.

Believing that this issue is black and white is like people saying that Christians are just like Muslims. Or like saying Vanilla is just like Chocolate. It's difficult. It's nuanced. But if we want to ensure freedom of religious freedom in this country, it's something that we must be prepared to address. We are seeing fewer and fewer Christians in this country identify as such according to Pew research. Would it be acceptable for an employer to see a cross on someones necklace and refuse to hire them?

What if I told you I am not making up this scenario? Draper v Logan County Public Library was a case where a library employee was FIRED for wearing a cross. The court sided with the employee because the dress code did not outweight the employees right to free speech or free religion. Are you *REALLY* suggesting that people be fired for wearing crosses is acceptable in this country?


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Originally Posted By: gage
Originally Posted By: PitDAWG
You seem to believe it's too black and white. I simply don't.

Every job has a job description. Every job has duties you are required to perform. To me it's very simple. Either you are willing to do the requirements of your job, or you find another job.

To you that seems too black and white. To me it's a logical answer to a simple question that people are trying to over complicate.


BY LAW, Employers must reasonably accommodate employees' sincerely held religious practices unless doing so would impose an undue hardship on the employer. Examples listed in various case law include but don't limit to swapping shifts, flexible scheduling, or voluntary shift substitutions. The case that led to it's inclusion in the Civil Rights Act is Dewey v Reynolds Metal Co.

The funny thing about all this is proving undue hardship is easy. All you have to do is prove that the accommodations would cost you more than a de minimis cost as an employer and you WIN the case. So if accommodating a muslim or buddhist would cost you, you don't have to do it (as an employer). So star transport not being able to make that case is hilarious!!

This isn't a muslim thing either. The EEOC sued Rent-A-Center a few years back because a manager was a Seventh-Day Adventist. This manager needed to be off on Saturdays to honor the Sabbath. Just so you know Adventists aren't muslim. They are Christian. Ben Carson is one. RAC argued that they need him to work Saturdays because it was their busiest day, and the manager agreed that on the busiest days, he would need to work there. RAC was then able to prove that they would lose money by not having a manager around on that day, and by that, the courts concluded that RAC could let the person go for failure to complete his required job.

Believing that this issue is black and white is like people saying that Christians are just like Muslims. Or like saying Vanilla is just like Chocolate. It's difficult. It's nuanced. But if we want to ensure freedom of religious freedom in this country, it's something that we must be prepared to address. We are seeing fewer and fewer Christians in this country identify as such according to Pew research. Would it be acceptable for an employer to see a cross on someones necklace and refuse to hire them?

What if I told you I am not making up this scenario? Draper v Logan County Public Library was a case where a library employee was FIRED for wearing a cross. The court sided with the employee because the dress code did not outweight the employees right to free speech or free religion. Are you *REALLY* suggesting that people be fired for wearing crosses is acceptable in this country?


Wearing a cross or any other religious representation is different than refusing to do YOUR job.


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Originally Posted By: Swish
god, you probably think there's a muslim guy planting a bomb behind your house, too.


No....I live in The country. Thank God.


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Originally Posted By: Cjrae
Originally Posted By: Swish
god, you probably think there's a muslim guy planting a bomb behind your house, too.


No....I live in The country. Thank God.


Laugh with me Swish!


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it was pretty funny


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Originally Posted By: Cjrae
Wearing a cross or any other religious representation is different than refusing to do YOUR job.


So if I can swap a day with another employee because I have religious holy days on Saturday, and it literally affects my employer in no way, I should be fired according to you. Thanks for that clarification. saywhat

https://www.washingtonpost.com/news/volo...rt-of-your-job/

Last edited by gage; 11/16/15 11:31 AM.

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Originally Posted By: gage
Originally Posted By: Cjrae
Wearing a cross or any other religious representation is different than refusing to do YOUR job.


So if I can swap a day with another employee because I have religious holy days on Saturday, and it literally affects my employer in no way, I should be fired according to you. Thanks for that clarification. saywhat

https://www.washingtonpost.com/news/volo...rt-of-your-job/

So if you can go 2 blocks down and get literally an identical cake to the one you want me to make, I should be sued out of business for not wanting to make it for you based on religious reasons?


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I think one would be making sure your employee's rights are protected and the other is making sure a citizen's rights are protected.

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Originally Posted By: gage
Originally Posted By: Cjrae
Wearing a cross or any other religious representation is different than refusing to do YOUR job.


So if I can swap a day with another employee because I have religious holy days on Saturday, and it literally affects my employer in no way, I should be fired according to you. Thanks for that clarification. saywhat

https://www.washingtonpost.com/news/volo...rt-of-your-job/


What?? You really got that from my statement? Wow!

No, simply saying, if you can't/won't do your job, get another one you can/will do. It is that simple, black and white, commonsensical, straight, plain...whatever you want to call it.


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Originally Posted By: Cjrae
No, simply saying, if you can't/won't do your job, get another one you can/will do. It is that simple, black and white, commonsensical, straight, plain...whatever you want to call it.


OK, it must be confusion on my part then! So what exactly are we talking about? It was demonstrated in the star transport suit that the muslims were able to do their jobs, so maybe we're having different conversations unwittingly. My bad smile

Last edited by gage; 11/16/15 01:59 PM.

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Originally Posted By: DCDAWGFAN
So if you can go 2 blocks down and get literally an identical cake to the one you want me to make, I should be sued out of business for not wanting to make it for you based on religious reasons?


You're smarter than to build strawmen wink


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I'm not so hand me a bale of hay, and a large cup of coffee will ya laugh


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Originally Posted By: gage
Originally Posted By: DCDAWGFAN
So if you can go 2 blocks down and get literally an identical cake to the one you want me to make, I should be sued out of business for not wanting to make it for you based on religious reasons?


You're smarter than to build strawmen wink


An interesting non-answer with a strawman deflection.

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If he only had a brain.


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Originally Posted By: 40YEARSWAITING
An interesting non-answer with a strawman deflection.


There is no answer that can be made to tricks of thought. That's what a logical fallacy is smile Strawman wasn't the only one in his post either. We could also talk about affirming the consequent, arguing against the correlative, false dilemma, and maybe even 1 or 2 others. Strawman was just the easiest to point out.

And why can there be no answer? Because the only way to answer his question would be to believe that an employer is literally the same as an employee, which I'm sorry to say has been determined to be not literally the same in a court of law. So perhaps you disagree with the case law (and the dictionary), and that is your choice, but there is so much case law identifying what differentiates an employer from an employee that we'd have to undo hundreds of years of cases in order to make them literally defined to be the same.


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Just admit you had no answer to his question and we will all move on. No need to try to talk your way around it. saywhat

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Originally Posted By: 40YEARSWAITING
Just admit you had no answer to his question and we will all move on. No need to try to talk your way around it. saywhat


His question as it stands directly has been answered at length by myself and others.

However, he was asking more of a loaded question to pair with my response: if a christian shouldn't be fired for wearing a cross to work, why should a christian business owner have to follow the local civil rights ordinance. And the reason this is a strawman is because in one case you have an employee and in another you have an employer. The business owner signed a contract stating that they would follow the Colorado Civil Rights Acts in accordance with state law in exchange for limited liability protection. There is nothing to "answer" here. The reason why both cases went the way they did is very simple to understand if you read the case notes. Perhaps we are more interested in falsehoods and rhetoric around here?


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Originally Posted By: gage
Originally Posted By: 40YEARSWAITING
Just admit you had no answer to his question and we will all move on. No need to try to talk your way around it. saywhat


His question as it stands directly has been answered at length by myself and others.

However, he was asking more of a loaded question to pair with my response: if a christian shouldn't be fired for wearing a cross to work, why should a christian business owner have to follow the local civil rights ordinance. And the reason this is a strawman is because in one case you have an employee and in another you have an employer. The business owner signed a contract stating that they would follow the Colorado Civil Rights Acts in accordance with state law in exchange for limited liability protection. There is nothing to "answer" here. The reason why both cases went the way they did is very simple to understand if you read the case notes. Perhaps we are more interested in falsehoods and rhetoric around here?

Or perhaps I was not making a rule of law comment and I was making more of a moral and ethical comment... I'm familiar with the legal explanation for both cases...

But the law has nothing to do with morality... as I've been told.


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Come on DC, he apologized and admitted he is wrong. We should move on now. smile

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Originally Posted By: DCDAWGFAN
Or perhaps I was not making a rule of law comment and I was making more of a moral and ethical comment... I'm familiar with the legal explanation for both cases...

But the law has nothing to do with morality... as I've been told.


I'm not sure what distinction you're trying to bring though. Can you elaborate more? Should we treat employees and employers the same? Should we remove all civil rights laws and allow employers to fire/deny service on race and religion like before? We need to be able to find the common link between the two cases before we can really dig into it. Until then all there really is to say is that the case results weren't surprising in the face of the laws on the books.

As far as laws and morality go, they aren't an all or nothing proposition. Laws that defend against murder, rape, and fraud? Pretty easy to see the morals there. Laws that enforced slavery? Not sure where you would see morality there. I don't think "laws have nothing to do with morality" but the whole reason we have courts in the first place is because laws are nuanced. If laws were so simple as to be able to immediately tie to morality we'd not need judges. Which may sound great, but it would be a bit tough I think for all crimes to get the same punishment... We'd either be underselling (giving serial killers 10 years) or overselling (capital offense for smoking pot)


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Originally Posted By: 40YEARSWAITING
Come on DC, he apologized and admitted he is wrong. We should move on now. smile




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Quote:
Should we remove all civil rights laws and allow employers to fire/deny service on race and religion like before?

No.

Quote:
We need to be able to find the common link between the two cases before we can really dig into it. Until then all there really is to say is that the case results weren't surprising in the face of the laws on the books.

I get that.

Quote:
I'm not sure what distinction you're trying to bring though. Can you elaborate more? Should we treat employees and employers the same?

let me try to elaborate more... let me give you two hypotheticals..

the Holy Trinity bakery, a guy comes in and wants a wedding cake for Bob and Steve... the Holy Trinity bakery is owned and operated by a Christian couple and hires primarily Christian employees (maybe even family members).... so based on what you are telling me, and my own understanding of the law, Noah, one of the bakers, is within his rights to object to making that cake based on his religious beliefs and he cannot be fired for that, but the bakery itself is compelled to make the cake by law... is that your understanding as well?

Similarly, the city of WackoWando has three companies under contract to maintain it's parks, they mow the grass, remove the trash, etc.. One Saturday the Klan holds a legally permitted rally in one of the parks, which happens to fall in the jurisdiction of MLK Park Cleaning Service, which is owned by a black couple and employs primarily black people (mainly family members)... and they are called to clean up the racist signs and debris from this rally... so by the same standard, the black people who work for MLK can object to being a part of that clean-up but the company itself is compelled to clean up the park...

Am I correct so far?


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The city should go bankrupt simply for being named WackoWando


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Originally Posted By: DCDAWGFAN

let me try to elaborate more... let me give you two hypotheticals..

the Holy Trinity bakery, a guy comes in and wants a wedding cake for Bob and Steve... the Holy Trinity bakery is owned and operated by a Christian couple and hires primarily Christian employees (maybe even family members).... so based on what you are telling me, and my own understanding of the law, Noah, one of the bakers, is within his rights to object to making that cake based on his religious beliefs and he cannot be fired for that, but the bakery itself is compelled to make the cake by law... is that your understanding as well?

Similarly, the city of WackoWando has three companies under contract to maintain it's parks, they mow the grass, remove the trash, etc.. One Saturday the Klan holds a legally permitted rally in one of the parks, which happens to fall in the jurisdiction of MLK Park Cleaning Service, which is owned by a black couple and employs primarily black people (mainly family members)... and they are called to clean up the racist signs and debris from this rally... so by the same standard, the black people who work for MLK can object to being a part of that clean-up but the company itself is compelled to clean up the park...

Am I correct so far?
I completely agree with the first hyperbole.

I see your point with the second one, but since the company's working for the city (government) I would think they'd be required to fulfill the contract.

Since they're private companies then I'm not sure what the legal responsibilities are.

I do know that where I live city jobs are not privatized, but I still get your point.

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I would like to think they would be required to fulfill the contract as well but I'm betting that there would be a fuss, it would go on social media, the government would cave, laws and contracts would be ignored, and they would find some other way to get the park cleaned up... and the people would applaud overcoming this social injustice...

but in the first one there would be a fuss, social media would get involved, a lawsuit would ensue, and the bakery would be put out of business... and the people would applaud overcoming this social injustice....

that's just me theorizing how those would play out...


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