MISCELLANEOUS JEHOVAH'S WITNESS EMPLOYMENT SCENARIOS II

STATE v. JOHNSON. Johnson was reportedly criminally prosecuted and found guilty of vehicular manslaughter. He reportedly was sentenced to only 30 days in jail, with two years probation.

******************

BLOUNT v. D. CANALE BEVERAGES, INC. was a 2002-3 Tennessee federal court case which involved an African-American Jehovah's Witness named Ivy Blount and his former employer D. Canale Beverages, Inc. Blount alleged that Canale Beverages discriminated against him on the basis of his race in violation of Title VII of the Civil Rights Act of 1964; that Canale Beverages retaliated against him in violation of Title VII; that Canale Beverages discriminated against him on the basis of his disability (depression) in violation of the Americans with Disabilities Act; plus a whole host of other allegations which were quickly dismissed. The USDC granted Canale Beverages' motion for summary judgment.

Blount was first employed by Canale Beverages, an Anheuser-Busch distributor for the Memphis area, in 1987. Starting as a third-shift warehouse laborer, Blount was promoted over the years until he became a route salesperson in 1999. A brief reference in the linked decision seems to indicate that it was around this same time that Blount started the process required to join the Jehovah's Witnesses. It was also around this same time that Blount started having problems with his managers, supervisors, and co-workers.

Blount first claimed racial discrimination and harassment in October 1999. In August 2001, Blount filed formal charges with the EEOC and the Tennessee Human Rights Commission. Around this same time, Blount's own psychologist requested that Blount be placed on medical leave for his own safety, and the safety of Blount's co-workers and supervisors. Blount was suspended due to alleged threats of violence. Blount filed for and received some disability payments for his "depression" through Canale's insurance carrier despite the fact that it was later learned that Blount was employed at a local retail store. Blount was eventually terminated in January 2002 on the basis of his previous threats of violence, and for discrepancies in his route accounting that were discovered during an audit of all route salespersons. Thereafter, Blount filed a second series of allegations with EEOC and THRC. EEOC issued a Right To Sue Letter in July 2002, and this lawsuit followed in October 2002.

******************

******************

CARTER v. DIAMONDBACK GOLF CLUB, INC. is a 2002-6 Florida federal lawsuit involving a Jehovah's Witness in Haines City, Florida named Douglas Carter. Carter was fired by Diamondback Golf Club in 2002 because of numerous alleged customer and co-worker complaints of aggressive and abrasive behavior. Such included his "greediness" for tips from customers and club owners, and his "huffy" and "nasty" attitude towards customers. (Carter had been fired for the same reasons in 2001, but had been re-hired after he agreed to correct his behavior.)

The federal district court dismissed Carter's lawsuit apparently because he failed to deny Diamondback's allegations of misconduct. However, in 2006, a federal appellate court disagreed with the district court's dismissal, reinstated the case, and sent it back for further consideration of Carter's claims. After his termination, Carter claimed that he was fired because he was a Jehovah's Witness. Despite the fact that Diamondback scheduled his work hours around the five weekly JW "meetings", and gave Carter time off to attend the three annual JW conventions, Carter claimed that his religion was "disrespected". Carter alleged that his co-workers and supervisors told dirty jokes, which ran counter to Carter's professed "belief of cleanness." When Carter had complained about such, Carter said that his boss responded, "You Jehovahs can't take a joke," and, "All you Jehovahs think your morals are better than anyone else." At the termination meeting, Carter said that his boss told him: "You really need to find another place to work conducive to your religion."

The appellate court ruled that in cases where an employer fires an employee because of legitimate non-discriminatory reasons, and even if such reasons are not disputed by the employee, IF that employee claims unlawful religious discrimination, and offers enough evidence to create a genuine factual issue as to whether his religion was "a motivating factor" in his termination, then a jury should determine whether legitimate or illegitimate reasons motivated the termination. There's a lesson in there somewhere.

******************

BALLESTER v. MIAMI-DADE FIRE BOARD was a 1998-9 "soap opera" turned federal lawsuit involving a Jehovah's Witness named Ana Ballester. Ballester, who worked as an aide for the Miami-Dade Fire Board, sued the board, the fire department, and the county charging she was harassed because of her religion and then fired after she lodged a formal complaint. Ballester claimed that her supervisor at the Fire Board made fun of her beliefs, made sexual comments about her brother, and pressured her to attend events against her religion. Read the 5 page newspaper article to get all the juicy details, which includes participation by nearly Ballester's entire Jehovah's Witness family. Ballester is arrested for battery on a law enforcement officer. Her mother ends up in the hospital. Her grandmother and brother play supporting roles in "As the Fire Board Turns". Legal outcome unknown.

**************

WEBER v. ROADWAY EXPRESS, INC. is a 2000 UNITED STATES APPELLATE COURT decision that contains extremely useful information for employers regarding how far they must bend over backwards to "accomodate" the religious beliefs and practices of a Jehovah's Witness Employee.

"In early July of 1996, Weber applied for a position as a truck driver with Roadway. As a Jehovah's Witness, Weber asserts that his religious beliefs require that he refrain from making long-haul overnight runs with a female partner who is not his wife. The sincerity of Weber's religious beliefs appears to be undisputed. Approximately two weeks after being hired, Weber discovered that Roadway employed female drivers on overnight runs. Weber contacted his supervisor, John Mizell, to notify him that he could not accept any run that included a female partner. Mr. Mizell informed Weber that working with women was part of his job and that he would have to work with women or would not receive any driving assignment. Subsequently, Weber filed suit against Roadway alleging a failure to accommodate his religious beliefs pursuant to Title VII of the Civil Rights Act of 1964, ... ."

The federal District Court summarily dismissed Weber's lawsuit against Roadway. This federal Appellate Court agreed, stating in part:

"To establish a prima facie case of religious discrimination under Title VII, a plaintiff must establish that he had a bona fide religious belief that conflicted with an employment requirement, that he informed the employer of his belief, and that he was discharged for failing to comply with the conflicting employment requirement. ... Roadway does not contest that Weber has established a prima facie case. The burden therefore shifts to Roadway to show that it was unable to reasonably accommodate Weber's beliefs without undue hardship.

This decision further states: "Title VII of the Civil Rights Act of 1964, as amended in 1972, makes it unlawful for an employer to discriminate against an employee on the basis of religion. ... An employer has the statutory obligation to make reasonable accommodations for the religious observances of its employees, but is not required to incur undue hardship. 'Undue hardship' exists, as a matter of law, when an employer is required to bear more than a de minimus cost."

Significantly, this court decided that how an "accomodation" might impact Weber's co-workers is part of the issue whether such "accomodation" unduly burdens the employer. Note these remarks: "First, skipping over Weber constitutes more than a de minimus expense because this unduly burdens his co-workers, with respect to compensation and 'time-off' concerns. As the district court found, skipping over Weber to avoid pairing with a female driver may adversely affect other drivers. For example, the run Weber passes up might lead his substitute to accept a shorter run than she might otherwise, which provides less compensation and is therefore less valuable. Weber's substitute might also receive less rest and time off between runs than he or she might otherwise. ... The mere possibility of an adverse impact on co-workers as a result of "skipping over" is sufficient to constitute an undue hardship."

**************

**************

SCOTT v. FALCON TRANSPORT CO. was a 2000-3 Ohio state court case involving an African-American Jehovah's Witness named Clarence Scott. Scott was a truck driver who was fired by his employer based on the decision of the company's safety committee, which was composed of the Director of Human Relations, the Safety Director, and the Risk Manager. Their decision to terminate Scott was made as a result of his driving record and failure to report accidents. They stated that Scott's termination was not motivated by discriminatory intent or animus. Scott and his wife then retaliated by filing a state lawsuit alleging racial, religious, and disability discrimination. (Scott allegedly was disabled by a hip disintegration, but the defendants indicated they had not even heard of such before.) The Scott's attorney swamped the litigation with paperwork, and even named individual employees as defendants. This case went up and down the state court ladder several times, and the outcome is unknown. However, there is no indication that Scott ever came close to proving any of his allegations.

******************

THOMAS v. FREEWAY FOODS, INC. was/is a 2005 federal lawsuit filed in North Carolina by four Jehovah's Witnesses named Grace Thomas, Joycelyn Willis, Jacques Willis, and Mary Shefton. All four Jehovah's Witnesses are African-American. On three separate occasions — in December of 2000, 2002, and 2003 — Plaintiffs traveled from Fayetteville to Salisbury to attend a Jehovah's Witness "Assembly". On each of these trips, Plaintiffs stopped at the same Waffle House restaurant on a Saturday morning to eat breakfast on their way to the Assembly. Plaintiffs claim that on each of these visits to the exact same Waffle House they were treated in a discriminatory manner because of their race. In summary, the Plaintiffs allege that no blacks worked at this restaurant, and only one black customer was observed (and he had the nerve to sit at a table of white customers) during the three visits over the four year period. Plaintiffs further alleged that the white staff did not acknowledge their entry into the restaurant fast enough, did not seat them fast enough, etc., etc. The defendants moved for summary dismissal, but the USDC denied such and set for trial. Outcome is unknown, but in all likelihood was settled. Rumor has it that four Jehovah's Witnesses now own and operate a restaurant somewhere in this vicinity.

******************

MURRAY v. KAISER PERMANENTE was a 2002 Ohio federal appellate court decision which involved an African-American Jehovah's Witness named Pamelia Murray.  Murray sued her former employer Kaiser Foundation Health Plan of Ohio alleging the following causes of action: (1) wrongful discharge; (2) discrimination on the basis of religion in violation of Title VII; (3) breach of implied contract; and (4) blacklisting.

Murray began working for Kaiser HMO in September 2000 as a part-time call center Member Service Representative (MSR). Kaiser's subscribers would call Kaiser to access health care providers. MSRs fielded the subscribers' calls, and depending on the nature of the subscriber's problem, schedule appointments or refer the subscriber to a nurse for advice. A MSR's duties include taking identification information from the subscriber, documenting the subscriber's chief complaint and symptoms, and listening for "red flags" that indicate a need for immediate medical advice.  During her four months employment at Kaiser HMO, Murray was late for work four times, and committed eight documented errors in phone messages that she took. The error that precipitated Murray's termination was a message she took on December 13, 2000. The message was so garbled that the doctor responding to it was not able to decipher it. Kaiser terminated Murray on December 15, 2000.

The federal District Court summarily dismissed Murray's lawsuit. The court held that Murray failed to present a prima facie case of discrimination, that Kaiser demonstrated a legitimate, non-discriminatory reason for terminating Murray, that there was no evidence that Kaiser retaliated against Murray by blacklisting her, and that Murray had dropped her claims of wrongful discharge and breach of implied contract. On appeal, the U.S. Court of Appeals affirmed, stating:  "Murray's poor performance justified her termination."  The appellate court opinion also included this additional bit of interesting info:

"We also conclude that the district court properly granted summary judgment to Kaiser on Murray's blacklisting/ retaliation claim. Murray alleged that Kaiser blacklisted her because the company learned of Murray's pending lawsuit against her former employer, Target. Murray cannot establish a causal connection between her protected activity and her termination because it is undisputed that Kaiser did not learn of Murray's lawsuit against Target until after Kaiser had already fired her. Thus, she failed to make out a prima facie case of retaliation."

******************

MURRAY  v. TARGET DEPARTMENT STORES was a 2003 Ohio federal appellate court decision which involved an African-American Jehovah's Witness named Pamelia Murray. In 2000, Murray sued her former employer Target Department Stores alleging racial discrimination under Title VII of the Civil Rights Act of 1964. Interestingly (see Murray v. Kaiser), this lawsuit was summarily dismissed in March 2001 by the federal District Court after Murray failed to attend her deposition, which had been scheduled on the day before the final deadline for completing all non-expert discovery, after the district court had allowed several extensions of time in which to complete discovery. The U.S. Court of Appeals affirmed.

******************

WOLF v. COMMUNITY TV CORP, ET AL was a 1992-9 Massachusetts lawsuit which involved a Jehovah's Witness named Eric Wolf. Wolf, who had worked for Community TV from June 1989 through October 1992, alleged that he was discriminated against on the basis of his Jehovah's Witness religion, as well as gender and sex discrimination. Wolf initially filed complaints with both the New Hampshire Commission for Human Rights and EEOC. In both the administrative complaint and the federal civil lawsuit, Wolf alleged he was demoralized by his supervisor and co-workers, endured outrageous and distasteful remarks about his religion, his personal conduct and his wife. Wolf further alleged that after he left Community TV its' employees spread a rumor in Wolf's community that he was a "holy roller", who had been fired. Wolf specifically alleged that his compensatory damages included emotional distress and damage to his reputation. In June 1999, after incurring $50,000.00 in attorneys fees, Community TV entered into a settlement agreement with Wolf to pay him $87,500.00.

******************

NEGRON v. CITY OF NEW HAVEN was a 2001 Connecticut lawsuit in which a Jehovah's Witness named Angel Negron sued the City of New Haven for injuries he sustained and property damages he incurred as a result of his own single-automobile accident, which occurred while Negron was driving his family to attend services at his local Kingdom Hall of Jehovah's Witnesses in January 1998. Negron's lawsuit blamed the City of New Haven for his own accident, alleging that such was caused by the city's failure to apply sand/salt to and/or remove ice from every street within its' jurisdiction. Negron acted as his own attorney, and despite the fact that the Court had problems considering Negron's case due to his lack of "English skills", the Court still awarded Negron $5500.00, plus costs -- $585 for medical bills; $500 for his "collision" deductible; $350 for automobile rental; and $4065 for Negron's "pain and suffering". No, this was not an employment case, but there seems to be a lesson for employers of Jehovah's Witnesses who can't speak English in there somewhere.

******************

KING v. UNITED STATES POSTAL SERVICE, ET AL was a 2002 New York federal lawsuit which involved a Jehovah's Witness named Raymond King. King, a postal worker, alleged four causes of action centering on alleged mistreatment at his workplace on the basis of his Watchtower religion: (1) discriminated against him on the basis of his religion, in violation of Title VII of the Civil Rights Act of 1964, in that King's supervisor intentionally switched his tour of duty in 1998 to force him to work on Sundays, on which his religion forbids work; (2) that in 1997, King's supervisor attempted to force him to buy a ticket to a fund-raising event for Al Sharpton, and when King refused to do so (because his religion prohibits financial support for other organizations), the supervisor retaliated by engaging in an abusive campaign against King, where King suffered numerous instances of harassment, verbal abuse and mental anguish; (3) that defendants created a hostile work environment; and (4) that these various discriminatory acts constituted intentional infliction of severe emotional distress in violation of the common law of New York. The last cause of action was summarily dismissed, as were some of the defendants on the other three. However, the balance of the lawsuit went forward, but outcome is unknown.

******************

MEDLEY v. UNITED STATES POSTAL SERVICE, ET AL was a 2000 Arkansas federal court case which involved a Jehovah's Witness named Ronald Dean Medley.  Medley was a USPS mail handler at the Fayetteville, Arkansas post office facility. After being denied a promotion, Ronald Medley filed a religious discrimination lawsuit alleging that he had been harassed and denied the promotion because he was a Jehovah's Witness. Outcome unknown.

******************

In 1981, one or more unnamed Jehovah's Witnesses who were employed by the UNITED STATES POSTAL SERVICE joined with other like-minded USPS employees in filing a series of union grievances, EEOC complaints, and federal lawsuits to stop USPS from having them to process draft registration materials. On July 3, 1980, President Carter issued Proclamation 4771, 45 Fed.Reg. 45247, which required all males born in 1960-61 to register with the Selective Service System. USPS and the Selective Service System agreed that USPS personnel would distribute the draft registration forms and information brochures at post offices throughout the nation, and then review the forms for accuracy once they were completed by each respective registrant. Many USPS employees suffered various disciplinary actions for refusing to perform such duties before the court ruling that conscientious objectors would no longer be forced to perform such.

******************

WHEELER v. VOICESTREAM WIRELESS SERVICES is a 2005 Pennsylvania federal lawsuit involving an African-American Jehovah's Witness named Sharon Wheeler. Wheeler began working for Voicestream at its Wyoming Valley Mall location in May 2001. Despite Voicestream's policy that retail employees be available to work during all hours their retail stores are open, Voicestream agreed to "accomodate" Wheeler's request to have Sundays and Tuesday evenings off so that she could attend Watchtower meetings. Whether it was Wheeler's "special treatment", or whether Wheeler did other things to make her religious beliefs known, her co-workers began to question Wheeler about her beliefs. Wheeler later claimed that her co-worker's questions and followup comments offended her - something I find questionable given that most JWs welcome any and every opportunity to talk about their religion. In all probability, Wheeler's offense was likely brought on by her failure to convert any of her co-workers. In January 2002, Wheeler applied for an assistant manager position, but she was not granted an interview. In April 2002, Wheeler took a leave of absence of unknown length. During the leave, she received a letter requesting that she return her keys to the store. Wheeler assumed this meant she had been fired, but Voicestream claimed Wheeler was not fired until she failed to return from leave.

At some point thereafter, Wheeler obtained an attorney and filed a complaint with the Pennsylvania Human Rights Commission. Probably due to foreseeing that PHRC would not rule in her favor, Wheeler filed a complaint with EEOC, and a federal lawsuit was pursued in October 2003. Under Title VII, Wheeler alleged racial and religious discrimination, including retaliation, hostile work environment, and failure to accomodate. In May 2005, the USDC summarily dismissed Wheeler's claims based on racial discrimination, and some of her religious discrimination claims. The court allowed several other allegations regarding religious discrimination to go forward, but outcome is unknown.

******************

******************

LIMON v. CITY OF LIBERAL KANSAS was a 2002-3 federal lawsuit which involved a Jehovah's Witness named Francisco Limon.  Limon filed a civil lawsuit against the city of Liberal on January 28, 2002, citing "discrimination" as the motive for his termination as a city employee in October 1999. Following his termination, Limon had filed a complaint with the Kansas Human Rights Commission, which thoroughly investigated his claim, and found there was no discrimination or retaliation. The 2002 federal lawsuit resulted from a claim Limon filed with the Equal Employment Opportunity Commission. The federal lawsuit was summarily dismissed by the U.S. District Court.

******************

BRANTLEY v. WALMART, ET AL was a 2003 federal lawsuit filed in Kansas by an African-American Jehovah's Witness named Kesha Brantley. Brantley filed a Title VII lawsuit against Wal-mart and an assortment of managers alleging racial, religious, and gender discrimination in July 2000. Dismissed due to untimely filing of her EEOC complaint.

******************

In 1988, an unnamed Jehovah's Witness supervisor joined in an ACLU and EEOC sponsored federal lawsuit with seven other supervisors against their former Atlanta employer, Robert Blazer d/b/a DeKalb Farmers Market. All eight former employees alleged that they were unfairly fired or forced to resign because they refused to participate in "The Forum" meetings sponsored by Blazer, which they characterized as a "quasi-religious cult". Blazer settled with EEOC after agreeing to all demands.

******************

FEDERATED EQUIPMENT AND SUPPLY COMPANY, INC. AND LUKAS AMERICAN, INC. v. MIRO MOLD & DUPLICATING CORPORATION, CO-OP MOLD &ENGINEERING, INC., AND JULES STEIN was a 1988 Illinois state court case which apparently involved several Jehovah's Witnesses amongst the litigants, such that the East Bolingbrook, Illinois Congregation of Jehovah's Witnesses, the Kankakee, Illinois Congregation of Jehovah's Witnesses, and even the Watch Tower Bible and Tract Society became involved in the conflict, but then later denied much of their earlier involvement.

FEDESCO and LUKAS were in the business of manufacturing and distributing tools used in rescue operations. In 1979, one of the principal owners of FEDESCO and LUKAS, George Weigand, engaged Jules Stein, a machinist and a principal owner of MIRO and CO-OP, to prepare replacement parts for a rescue tool distributed by LUKAS. Stein began experimenting with different designs and materials for rescue tools which eventually resulted in the execution of a contract in March 1981, between FEDESCO and MIRO for the development of a spreader arm and cutter for the rescue tool. The contract provided that: MIRO was to produce prototypes of the spreader and cutter; all prototype materials, drawings, and samples were to be the property of FEDESCO; MIRO was not to compete with FEDESCO and would treat trade information confidentially; if FEDESCO chose to produce the rescue tools all samples, drawings, and other related items would be turned over to FEDESCO. In 1981, George Rademacher, president of Viking Rescue Systems, Inc. (VIKING), Rad Engineering Co., Inc. (RAD) became involved in the development of the spreader arm of the rescue tool through his association with Stein, who produced it for FEDESCO. After a prototype spreader arm was tested in September 1981, negotiations concerning production of the rescue tool began. Weigand wished to produce the rescue tool as cheaply as possible, and, when negotiations broke down in December 1981, Weigand sent Stein a letter withdrawing all prior offers and requesting the return of the drawings and other materials related to the project. Further attempts to resolve the differences between Weigand and Stein were unsuccessful. In June 1982, Weigand learned that VIKING was promoting a spreader and cutter which were the same as those developed for FEDESCO by Stein, and that a pamphlet promoting the VIKING rescue tools was published by RAD.

In February 1983, FEDESCO and LUKAS filed a five-count complaint against Jules Stein, MIRO, and CO-OP, and also VIKING, RAD, and George Rademacher. Count I alleged misappropriation of confidential trade information and sought injunctive relief and damages. Count II sought damages alleging that MIRO and Jules Stein breached a contract with FEDESCO relating to the development of certain rescue tools. Count III alleged that a civil conspiracy existed between Jules Stein and George Rademacher to appropriate trade secrets and confidential information belonging to plaintiffs and sought injunctive relief and compensatory and punitive damages. Count IV was premised upon the Illinois Antitrust Act and sought injunctive relief, treble damages, compensatory and punitive damages. Count V also alleged misappropriation of plaintiffs' trade secrets and confidential information and sought compensatory and punitive damages.

Defendants MIRO, CO-OP, and Stein set forth several affirmative defenses, in the sixth of which they alleged the following: (1) that plaintiffs, through George Weigand, initiated an arbitration proceeding with the East Bolingbrook Congregation of Jehovah's Witnesses against Jules Stein based upon the March 1981, agreement between FEDESCO and MIRO concerning the development of rescue tools; (2) the matters raised in the arbitration were the same as those in the present litigation; (3) hearings were conducted in the arbitration; (4) in June 1982 the arbitration committee [composed of JW Elders] ruled in favor of plaintiffs and held that MIRO and Stein were precluded from disclosing, manufacturing, or selling the rescue tools; (5) to effectuate the decision, in June 1982, Stein executed a covenant not to develop the rescue tools, and Weigand executed a promissory note in favor of Stein in the amount of $14,434; (6) Stein and MIRO appealed the arbitration decision and a special committee of the Watch Tower Bible and Tract Society was appointed to consider the appeal; (7) on January 17, 1983, the appeals committee reversed the arbitration decision, and ruled that the covenant executed by Stein was unenforceable, that Stein and MIRO had the right to develop the rescue tools, and that Weigand must pay the balance of the promissory note; and (8) Weigand agreed that the arbitration decision would be final and binding.

In January 1984, plaintiffs filed a motion to strike the affirmative defenses, and presented a memorandum in support of their motion. In their memorandum, plaintiffs stated that the elders of the church of Jehovah's Witnesses only entertain moral issues, and that the only sanction the elders could impose was expulsion from the congregation. In March 1984, plaintiffs filed an affidavit of John H. Ponting, an ordained minister and elder of the Kankakee Congregation of Jehovah's Witnesses, who was identified as the chairman of the congregational committee which had considered the actions of Jules Stein. According to the affiant, the hearings conducted by the Jehovah's Witnesses church were concerned only with moral and not business matters and were not binding on the parties. On March 13, 1984, at a hearing of the parties' motions relating to the "prior arbitration" defense, plaintiff's counsel read to the court an excerpt from "Aid to Bible Understanding, Watch Tower Bible and Tract Society," which indicated that the church considered doctrinal and moral matters in deciding excommunication issues, and argued that the church considered only the morality of Stein's conduct. The trial court inquired whether an arbitration agreement between the parties existed, and, when defendants' counsel replied that there was no arbitration clause involved in this case, the court found that there had been no arbitration of the issues in the case and granted plaintiffs' motion to strike defendants' sixth affirmative defense.

During the subsequent trial, defendants requested that the trial court reconsider its order striking the sixth affirmative defense and made an oral offer of proof; the trial court denied reconsideration. The trial court found for plaintiffs and, after a hearing on damages, awarded compensatory damages under counts I, II, III, and IV in the amount of $188,000 and, in addition, awarded plaintiffs $883,080 in punitive damages under counts III and IV. Defendants were enjoined from making or selling rescue tools which utilized the parts or features claimed by plaintiffs.

MIRO, CO-OP, AND JULES STEIN appealed contending that the trial court erred in denying their defense of an alleged prior arbitration which had been conducted by the East Bolingbrook, Illinois Congregation of Jehovah's Witnesses. In February 1988, an Illinois appellate court agreed and remanded the case for a new trial. Unfortunately, I have not been able to locate the record of that new trial.

******************

CURRIE v. KOWALEWSKI was a 1994 New York federal lawsuit involving a Jehovah's Witness named Doris Currie. Currie alleged gender discrimination in violation of Title VII. Currie was an assembly line supervisor for Unitec, a company that manufactured electronic score keeping equipment for sporting events. Despite the fact that Currie had some serious problems in her job, made many mistakes (at least one very substantial one), and on one occasion even made some false entries regarding the time she reported to work, the USDC decided that Currie proved that she had been subjected to a "hostile work environment" due to repeated acts of sexual harassment committed by Unitec's owner. Currie was awarded $16,430 in backpay and interest, and substantial attorney's fees.

******************

STATE v. TOWNES.  Richard Townes Jr. was convicted of capital murder in 1986 and executed in 1996. Because Townes was African-American, there was much discussion as to the accuracy of his conviction and the appropriateness of the death penalty, despite his prior history of committing violent crimes. The investigation of the capital murder centered around his employment as a supervisor for a Virginia Beach homebuilder. One day, after the unsolved murder had been committed, Townes was spotted by a co-worker carrying on the job a .45 pistol in his back pants pocket. The pistol was eventually purchased by that co-worker, fired by other co-workers/supervisors, etc., and eventually showed to a local cop, who evidently already suspected Townes in the murder. In a possible attempt to intimidate a supervisor, Townes left in an office a "Jehovah's Witness book, a law book, and an essay". The supervisor testified that his recollection of the essay was "pertaining to what Jehovah would do to him [Townes] for murdering somebody." No further info is available regarding Townes and Jehovah's Witnesses.

******************

"... the court accepts as true defendants’ assertion that Parmlee was fired and did not receive promotions from his clerk position because of his work history with DRS. Defendants provided evidence that this work history included a pattern of insubordination, abusive and offensive behavior, misuse of state equipment, tardiness, and an inability to complete work in a timely manner. ... DRS also submitted evidence that these problems were repeatedly brought to Parmlee’s attention in memoranda, letters, and meetings between DRS managers and plaintiff. ... Parmlee does not appear to dispute that he received notice from DRS managers that there were problems with his work performance and does not provide any evidence that the claims made by DRS are inaccurate. ...

 

"Parmlee also argues that DRS failed to promote him from the position of clerk, and that DRS discriminated against him by requiring Parmlee to pass an examination before the promotion. Defendants respond by arguing that the settlement agreement specifically stated that, if Parmlee passed the Assistant Accountant Exam, then he would be promoted regardless of his score on the exam. ... Because Parmlee failed to pass the exam, defendants argue that they could not promote him under the terms of the agreement. Parmlee does not dispute that he was given opportunities to take the exam and that he has not passed the exam. ...

 

... ...

 

"The affidavits and exhibits attached to defendant’s statement of facts detail Parmlee’s employment history as one in which there were several conflicts between plaintiff and other employees, as well as extensive documentation by management of Parmlee’s tardiness, refusal to follow agency rules, and insubordination. As with Parmlee’s other discrimination claims, Parmlee has not provided any evidence to refute defendants’ portrayal of his employment history with DRS. ... ."

******************

In 1997, a Toledo, Ohio, city government supervisor was terminated for insubordination, falsification of records, and other unspecified work performance issues. The employee, who was a Jehovah's Witness, filed a complaint with EEOC alleging "religious discrimination", in that his termination was allegedly motivated by issues relating to his beliefs and practices as a Jehovah's Witness.  Outcome unknown.

******************

ROSA v. FLORIDA POWER & LIGHT COMPANY was a 1992-4 federal lawsuit in Florida involving a Jehovah's Witness named Maria Rosa. Rosa's deceased husband, Manuel, had been employed as a crane operator. Manual managed to strike overhead power lines with his crane, and he was killed. Rosa then proceeded to sue Florida Power for Manuel's "wrongful death". Outcome unknown.

******************

In 1990, the EEOC ruled that an African-American Jehovah's Witness female had been terminated in 1986 from her position as a legal secretary, with a New Haven, Connecticut law firm, due to racial discrimination. The sketchy details seem to indicate that religious discrimination had also been alleged, but was not proven.

******************

******************

In 1999, MARK O. BARTON was a Jehovah's Witness who murdered his wife and two children before going to two stock brokerage offices, Momentum Securities and All-Tech Investment Group, where he opened fire, killing 9 people and wounding 12. Barton later shot himself to death after a five-hour manhunt when police stopped his van at a gas station. Barton left a suicide note, which explained: " ... I have come to hate this life and this system of things. I have come to have no hope. ... I know that Jehovah will take care of all of them in the next life. ... Please know that I love Leigh Ann, Matthew and Mychelle with all of my heart. If Jehovah is willing, I would like to see all of them again in the resurrection, to have a second chance. ... ."

******************

"I was raised a Jehovah's Witness and I spent 13 years of my life, knocking on people's doors, pursuing my classmates down the hall and walking up to strangers, trying to convince them that my religion's, my way of thinking and believing was the only true religion, and if they didn't believe, then they were doomed. I walked around with a little smug self-assurance that I had a secret that they didn't, because I knew I was going to live in paradise and they were going to be destroyed. And then I learned that everything I had been taught to believe to be true, was not only inaccurate and manipulations of the Scriptures, but outright lies in some instances. I was disillusioned for some time, but I kept searching because I've always felt God's hand on me. I can't really explain that statement but I just felt it."
 

"I always thought James’ family structure was strange. James’s mother was extremely fanatic about her religion She was a Jehovah’s Witness. I remember James’ mother as being extremely controlling. Her views were so extreme that sometimes I felt that she was like David Koresh. I always felt that James missed out on a lot when he was growing up because of his mother’s fanaticism. He didn’t celebrate birthdays or holidays. He never went out to eat and always wore hand-me-downs. Through our friendship, James was exposed to things he had never been exposed to, such as birthdays and holidays. James discovered a whole new life, which he seemed to embrace. For example, James started celebrating birthdays and holidays, but always had to do so secretly for fear that his mother would find out. When I knew James, James had very low self-esteem. I think the fact that he was very skinny and had very poor skin contributed to his low self-esteem. James was desperate for friends."

******************

ILLINOIS v. HALL was a 1983-2000 Illinois criminal court case. Anthony Hall was a convert to the Jehovah's Witnesses, although it is possible that the grandmother who reared Hall was a JW. Hall, who was an African-American in his early 20s, converted while serving prison time at Pontiac Correctional Center on multiple rape and armed robbery charges. Hall regularly attended WatchTower services at the prison, which were conducted by a JW Elder named Lloyd Shaddle. Hall also was married soon after becoming a JW, and given that JWs are strongly encouraged to marry only JWs, it probably can be assumed that he also married a JW. Hall also had multiple penpals with whom he discussed religion, including two from England, and these also probably were JWs.

Anthony Hall was granted the privilege of working in the prison's kitchen. However, in February 1983, the dead body of the female civilian Kitchen Supervisor was found hidden in a storage room. The Supervisor, who most prisoners called "Mom", had been stabbed to death. Although it is not known if she was also raped, such was Hall's modus operandi. Hall was only charged, convicted, and sentenced to death for the murder of "Mom".

JW Elder Lloyd Shaddle testified on Hall's behalf during the first of two sentencing hearings. Shaddle's testimony about how good a Jehovah's Witness was Hall actually was seen as a "negative" by the first judge given that Hall committed the murder after becoming a exemplary Jehovah's Witness prisoner.

******************

<<<------PREVIOUS PAGE----------HOME PAGE----------NEXT PAGE ------>>>

JW LAWSUITS - Page 13

Web Hosting · Blog · Guestbooks · Message Forums · Mailing Lists
Allwebco Web Templates · Build your own toolbar · Site Building Articles · Audio, Fonts, Clipart
powered by bravenet.com