[quote]jjackkrash wrote:
[quote]UtahLama wrote:
[quote]jjackkrash wrote:
[quote]Jewbacca wrote:
All true. But as an employer, it is bound by the Civil Rights Act, and they are (apparently) firing him for his expression of a pretty mundane religious viewpoint.
Certainly worth a lawsuit, just for the discovery.
[/quote]
I’d take it for sure if I was getting paid by the hour. I’d have to think long and hard before I took it on a contingent fee. For me, a lot would depend on the forum and what the guy’s contract said. [/quote]
You and Jewbacca are both lawyers unless I am mistaken. I would love to hear your opinions if you were hired by the Robertson’s to litigate this.[/quote]
High-profile employment cases are tough to judge, especially without knowing the internal facts. A lot is going to turn on the contract; the internal e-mails; and the background of the decision makers. I personally think–without knowing the internal facts–that this would be a tough case for the duck guy. Key questions in a religious discrimination case turn on things like the actual motivation of the decision makers and whether an employee is imposing and undue hardship on the business.
For example, what if each decision maker is a Christian who testifies that they privately agree with the duck guy, but they felt he was jeopardizing the network by alienating potential viewers? It becomes a lot harder to believe that the A&E execs just don’t like Christians. In contrast, what if all the A & E execs are muslims or atheists who actively hate Christians? Well, the duck guy’s case just got a whole lot better.
I also suspect that the contract will have built in defenses based on business necessity and the need to avoid controversy. I personally think the law allows employers to require employees to avoid public controversy without running a foul of anti-discrimination laws, as long the requirement isn’t too overreaching, and especially where the position involves the public spotlight. I mean, look what happened here: if you were A&E, would you want to be stuck between Sara Pailin and GLAAD if you didn’t have to be? On a basic level, an employee has a fiduciary duty to his employer and needs to refrain from actively taking actions that harm the business of the employer. Frankly, if this case went to litigation, you could expect a counterclaim for breach of fiduciary duty and probably breach of contract, depending on what the contract says.
At the end of the day, in a religious discrimination case, the duck guy is going to have to convince a jury or an arbitrator that the decision makers were substantially motivated to take an adverse action because they didn’t like his Christian beliefs and that A&E didn’t act reasonably or out of a business necessity. It is hard to judge how the case would play out without a lot more information. [/quote]
Makes sense, I appreciate your comments!