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EMPLOYMENT ISSUES UNIQUE TO JEHOVAH'S WITNESS EMPLOYEES
MISCELLANEOUS JEHOVAH'S WITNESS EMPLOYMENT SCENARIOS III
JEHOVAH'S WITNESSES AND UNIONS
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Given the WatchTower Society's supposed "neutral position" in all things "worldly", and given the info discussed below, I found it particularly interesting that in July 1969 that both the Associated Press and UPI reported that at the request of Cesar Chavez, director of the United Farm Workers of America, the WatchTower Society had agreed to join in the then ongoing nationwide UFWA GRAPE BOYCOTT, and that it was cancelling all orders of California-grown grapes to be supplied to its concessions at its remaining summer Conventions scattered across the United States.
Epifanio Camacho, a self-described major player in the formation of the United Farm Workers of America, in his autobiography, THE AUTOBIOGRAPHY OF A COMMUNIST: COMMUNISTS ARE MADE NOT BORN, related that his wife was a Jehovah's Witness who supported him in his efforts, and that he himself was "a sympathizer with the Jehovah's Witnesses", who did not become an official member due to his goals and work in the UFWA.
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CASTILLO v. ANTON CARATAN is a 1982 California Agricultural Labor Relations Board Decision/Order which is lengthy and more complex than is necessary to sort through for the purposes of inclusion here. For our purposes, we can take a look at two key figures in this case -- Jesus and Eloida Hernandez - a Jehovah's Witness husband and wife.
Non-JWs should understand that during the various unionization efforts which occurred in the United States in the early to mid 1900s, the Watch Tower Society always publicly declared themselves "neutral" regarding such, just like they supposedly are "neutral" in politics and all other societal controversies. Many a Midwest Jehovah's Witness autoworker sweated over whether they would or would not join the UAW, would or would not pay union dues, would or would not walk a picket line, etc. Essentially, Jehovah's Witnesses were permitted to exercise their consciences as to whether they would or would not join a union, but they could do nothing more to support the union than pay dues. If a strike occurred, JWs could not walk picket, but could "sweep the floor of the union hall, while the other members were out picketing". However, the National Labor Relations Act, Section 19, provides: "An employee who is a member of and adheres to established and traditional tenets or teachings of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting labor organizations shall not be required to join or financially support any labor organization as a condition of employment; except that such employee may be required in a contract .... in lieu of periodic dues and initiation fees, to pay sums equal to such dues and initiation fees to a nonreligious, nonlabor organization charitable fund ... ." Thus, rather than joining a Union and paying union dues, many Jehovah's Witnesses over the years have elected what is known as "the charity option".
Then, we run across Jesus and Eloida Hernandez, who are members of a certain group of people who have been heavily targeted for recruitment by the Watch Tower Society. Jesus and Eloida Hernandez were Jehovah's Witnesses. That was a fact, since this judge ruled that the conduct for which Jesus Hernandez was fired was disrupting work activities by preaching Watchtower doctrines to his fellow farmworkers farm while they were trying to work. This judge also ruled that this JW Employee's testimony was so "unreliable", that Hernandez's allegations of "unfair labor practices" against this employer were dismissed. According to this JW Employee's own testimony against this employer, the JW Employee told his employer that he was a UFW supporter who had been fired from a previous position for testifying against the previous employer for alleged "unfair labor practices". Either Hernandez was lying under oath in order to establish untrue allegations against this employer, or he was telling the truth, which means this Jehovah's Witness was involved in the migrant farmworker's movement of that era.
Given the Watch Tower Society's passion for tapping this new source of recruits, and the fact that the language and cultural barrier would keep derivations in doctrine from being discovered by the main body of American JWs, there may have been something very interesting going on in the southwest JW community in the 1960-80s. This certainly would not have been the first time the Watch Tower Society turned its' head to certain activities conducted by this group of recruits.
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During the year 2000, the Florida news media repeatedly reported on the saga of a Jehovah's Witness Firefighter, named Barac Wimberly, who was eventually fired from the Pinellas Park Fire Department due to alleged poor job performance. Wimberly filed a religious discrimination claim with EEOC prior to his dismissal, but I don't know whether such was ever followed by a lawsuit in either state or federal court after Wimberly's termination. The charges and counter-charges are numerous, so I would recommend reading all the linked newspaper articles.
Some of the Department's allegations included: In 1999, Wimberly received a written reprimand for sleeping through a fire alarm, because Wimberly was wearing earplugs to drown out fellow firefighters' snoring. Soon after, he was reprimanded in writing and suspended for half of a 24-hour shift for leaving medical waste, such as needles and bandages, a blood pressure cuff, and other equipment, in someone's home after a medical call. Not long after, he slept through another alarm. Fire officials gave him a three-day suspension without pay that Wimberly appealed and had two days' pay restored. There are many more negatives in the linked newspaper articles.
Wimberly's charges of religious discrimination included: (1.) Co-workers often asked why Wimberly didn't celebrate holidays, such as Christmas. One acting supervisor allegedly asked Wimberly why he accepted a Christmas bonus if he didn't celebrate the holiday. (2.) Co-workers had joked about Jehovah's Witnesses knocking on doors -- calling them Saturday morning streetwalkers. (3.)After arguing with one firefighter/paramedic about his religion, the man asked Wimberly why Jehovah's Witnesses were coming to his door. He also told Wimberly that he disagreed with Jehovah's Witness' interpretation of the Bible. Shortly after, that co-worker allegedly began filing complaints against him that could not be substantiated. (4.) When Wimberly refused to take the Union Oath, as written, he was accused of elevating myself above everyone else, and attempting to get the oath changed. (5.) He declined to help decorate the fire truck during the winter holidays because of his religious beliefs. An acting supervisor "accused me of using my religion to get out of job duties. He told me to leave my religion at home." (6.) "I was written up for not being a team player, in part because I did not participate in the holiday activities. (7.) Wimberly concluded, "I believe if I were not a Jehovah's Witness, I would not be subjected to derogatory comments about my religion. I also believe that I am being harassed and subjected to disciplinary action because of my religious beliefs."
In response to Wimberly's charges against the Department, the Fire Chief pointed out that the Department currently already had two Jehovah's Witnesses employed, and both of those JWs held supervisory positions. In fact, the Chief pointed out that at the time that Wimberly was hired, Wimberly was the #1 applicant. All indicators had pointed to Wimberly being a rising star in the Department. However, the exact opposite occurred.
Even Wimberly acknowledged that his problems began soon after he was hired. Wimberly claimed that he was pressured into joining the Union, but Wimberly refused to join the Union because union activities would mean he would have to give up other "off-duty pursuits" -- i.e., door-to-door JW recruiting, etc. Thus, right off the bat, Wimberly fowled up the Department's 100%union participation, which made Wimberly an unpopular character.
After alleged repeated harassment and ridicule, Wimberly decided to join the Union in hopes that that would end his problems. Instead, joining the Union exacerbated Wimberly's problems. Why? Because Wimberely refused to take the Union Oath as it was written because of his WatchTower beliefs. Wimberly refused to swear his "allegiance" to the Union.
So, Wimberly asked for and received permission to swear to an "altered version" of the Union's Oath. That simply Po'ed Wimberly's co-workers that much more, and they essentially had had all of the new recruit that they wanted. The following two years appeared to evidence that fact.
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NLRB v. HOOD FURNITURE MFG CO was a 1991 Mississippi federal appellate court decision which involved the attempted unionization of a furniture manufacturer. The only portion of the case that involved a Jehovah's Witness Employee issue was the "election". The vote count was 104 "for" Union representation and 103 "against" Union representation.
In its attempt to contest that election, the Employer presented an affadavit from one of its' African-American employees which stated that the employee did not participate in the "election" because of the tenets of the Jehovah's Witnesses, but that if he would have been allowed to vote, then he would have voted "against" Union representation, which would have changed the outcome of the election. The Employer argued that the affadavit should be counted as a "vote" after the fact. The USCA responded:
"The Company complains that to ignore Marshall's desire not to be represented by the Union solely because his religious convictions prevented him from voting contradicts Board policy. This court views it as contrary to Board policy to count as valid the 'vote' of one who comes forward after the results of an election are known, claiming that he would have voted for the losing party and that his vote should now be counted in the official tally, especially where one vote would change the outcome of the election. The Board found no basis in this case for deviating from its established voting practices, and we believe its decision not to count Marshall's affirmation as a valid vote was reasonable."
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THURMAN v. UNITED AUTO WORKERS was a 1942 Michigan state and possibly federal court case. A Jehovah's Witness, named Hodge Thurman, was employed in a Detroit factory owned by Murray Corporation. When Thurman refused to purchase war bonds, he was dismissed from his job by the UAW. Given that there is a 99% probability that the products that Thurman helped to manufacture were "war materials", the Union likely considered Thurman to be a hypocrite to whom they did not wish to kowtow.
Thurman filed a lawsuit to regain his employment in Michigan state court, but thereafter requested that the lawsuit be dismissed because he was pursuing unspecified action against the UAW with the federal government.
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DEBONO ET AL v. MEDFORD VOLUNTEER AMBULANCE SERVICE is an ongoing 2007 Long Island, New York court case which involves a female Jehovah's Witness named Roberto DeBono. DeBono has joined with two male "volunteers" who also formerly worked at the ambulance service, one a homosexual and the other an African-American, in filing a $60,000,000.00 lawsuit, which alleges that the three former "volunteers" were subjected to religious, sexual, and racial harassment and discrimination. Roberto DeBono claims that the chief and other former fellow EMS workers objetced to her WatchTower religion, and that they schemed to have her ousted from the service.
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E.E.O.C. v. NATIVE ANGELS HOME CARE was a 2005-7 North Carolina federal court case. Spring 2007 was a very hectic time for Native Angels Home Care and Hospice Agency, of Lumberton, North Carolina. In March 2007, its owners were named 2007 North Carolina Small Business Persons of the Year, and in April 2007, they received the 2007 National Small Business Persons of the Year award from the federal government's Small Business Administration.
Also, in March 2007, the company agreed to settle a federal lawsuit filed by the EEOC on behalf of a former employee, named Dorene Sampson. Dorene Sampson was a registered nurse employed by the Agency from January 2005 until she was fired around March 2005. Sampson, who was a convert to the Jehovah's Witnesses, had refused to participate in what Sampson described as a "mandatory prayer circle" conducted with employees. The Agency agreed to pay $25,000.00 to settle the case.
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MILLS v. BEACH, STROER v. BEACH, and OKLAHOMA v. BEACH were two 1994-5 Oklahoma civil lawsuits and one criminal court case which involved a Jehovah's Witness Registered Nurse named Aleata May Beach. Aleata Beach was indicted in 1994 for the murders of four terminally ill patients who were all under Beach's care at Grady Memorial Hospital. All four patients died in August. Three days after the fourth patient died, Aleata May Beach attempted suicide, but failed. Beach left a suicide note in which she detailed how she killed each patient. However, after recovering from the failed suicide attempt, Beach recanted her story, and blamed the suicide attempt and the note on depression caused by her work with terminally ill patients. At her trial, a doctor and a nurse both testified that they had heard Beach state that she had killed the four patients, but they also opined that she did not do so. Beach had graduated in May 1992.
Beach was eventually cleared of all criminal charges because the deaths of the four terminally ill patients could not be proven to have been caused by Beach. Autopies performed later were hampered by the fact that the bodies had been embalmed. Beach voluntarily surrendered her nursing license rather than submit to an investigation by the state licensing board. Families of two of the deceased patients filed wrongful death suits, but the outcomes are unknown.
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CALIFORNIA v. SALDIVAR was a 2001-2 California criminal case which involved a Jehovah's Witness named Efren Saldivar. In 2002, Efren Saldivar pled guilty to six counts of murder and one count of attempted murder in a deal with prosecutors in which he would be sentenced to life imprisonment rather than receiving the death penalty. Efren Saldivar was an "angel of death", who had worked as a Respiratory Therapist in a number of California hospitals from 1989 until 1998. The number of patients murdered by Saldivar is uncertain, but the number may have been in excess of 100 people.
Efren Saldivar was the son of illegal Mexican immigrants. Saldivar was reared as a Jehovah's Witness, and as is often the case, Saldivar had a troubled childhood. Saldivar was a loner with few social skills. He dropped out of high school during his senior year. Discouraged by his job at a supermarket, and encouraged by a friend attending vocational school, Saldivar decided to pursue training as a Respiratory Therapist. After obtaining a G.E.D., and completing one year of vocational school, Saldivar began his career as a RT in 1989. At the age of 20, this "angel of death" began his spree of "mercy killings". The first victim was an elderly female who was suffering from cancer and terminally ill. Saldivar disconnected part of her breathing apparatus so that she would suffocate to death. Over 1,000 patients died at some point on Saldivar's (third) shift during the eight years at the hospital where he worked fulltime. Saldivar also worked at a number of other hospitals on a parttime basis over the years. Even Saldivar did not know how many people he had killed. Saldivar stated that he stopped keeping count after the number passed 60.
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A New Jersey law firm lists on its' website a recent lawsuit in which it represented a Jehovah's Witness Nurse who received a $40,000.00 settlement or judgement (not specified). The JW Nurse mentioned in casual conversation with a co-worker that she was a Jehovah's Witness. The JW Nurse alleged that afterwards that that co-worker, other co-workers, and her supervisor began to act differently towards her. The JW Nurse also claimed that she was denied a shift promotion because she was a Jehovah's Witness. The JW Nurse complained to her supervisor, but voluntarily sought employment elsewhere. The JW Nurse thereafter filed a lawsuit, in which she claimed religious discrimination, harassment, and construction termination. I'm guessing that the Hospital paid the $40,000.00 to settle this lawsuit, because based on these limited facts, it does not sound as if a judge or jury would rule in the JW Nurse's favor.
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MASON v. BIO-RAD LABORATORIES was a 2002 California state court lawsuit involving a African-American Jehovah's Witness named Cynthia Mason. Mason worked for Bio-Rad from 1984 to 1998. In April 1998, Mason contacted Bio-Rad's Human Resource Director and told him that she was upset because she was overworked and had problems with her supervisor. Mason was given three options: (1) work things out with her supervisor; (2) apply for a new job within Bio-Rad; or (3) look for work outside of Bio-Rad. Mason responded that she would resign. Bio-Rad allowed Mason continued to receive her full salary and benefits through August 3, 1998. In March 1999, Mason filed a charge of discrimination with California's Department of Fair Employment and Housing and with EEOC. In February 2000, Mason filed a lawsuit which included four causes of action alleging employment discrimination, plus defamation. The first cause of action asserted a claim for employment discrimination on the basis of religion. In this cause of action, Mason, a member of Jehovah's Witnesses, alleged that her supervisor discriminated against those who did not participate in "The Forum," an organization she characterized as a cult. In particular, Mason alleged that in January 1998, her supervisor replaced her as the leader of an administrative team, selecting as her replacement a 25-year old, white woman who was a member of "The Forum." Mason attended a single meeting of "The Forum" in March 1998, but refused to join. According to Mason, her supervisor thereafter increased her workload and harassed her. Mason explained that in April 1998, she complained and was given three options: work out her difficulties with Marshall, transfer to another position or resign. Mason alleged that the first option was unrealistic, the second option could not work because her supervisor had made negative comments about her in her performance appraisal and so she chose the third option. Mason's second and third causes of action asserted claims for discrimination on the basis of race and age. In these causes of action, Mason, who is Black and over 40 years old, relied principally on the fact that she was replaced as the administrative team leader by a white employee, in her mid-twenties, with far less experience. Mason's fourth cause of action alleged employment discrimination on the basis of sex. This claim was based on all of the prior allegations. A fifth cause of action alleged defamation. The trial court granted summary judgment for Bio-Rad. Mason then appealed on the employment discrimination claims. The appellate court affirmed the dismissal.
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JEHOVAH'S WITNESS TEACHERS & PROFESSORS
( See many more JW SchoolTeacher Cases in the "Holidays" and "American Flag" sections. )
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FLORIDA v. CHRISTIE was a 2003-5 Florida criminal court case which involved an African-American Jehovah's Witness named Vonda Christie. Vonda Christie was employed as a first-grade teacher at Coral Gables Elementary School. In October 2003, both Christie and her Teacher's Aide, named Ivonne Nieves Marrero, were arrested for abusing five students in August and September 2003. The Teacher's Aide was a citizen volunteer, whom Vonda Christie knew well. Christie and Marrero were neighbors, and Christie had been raising Marrero'a son since 2000. Marrero had a history of arrests and drug use. Marrero had been arrested seven times since late 2001. At the time of this incident, Marrero was on probation for armed robbery.
Christie and Marrero were arrested for using tape to discipline five first-graders (all six years old) at different times. One boy said he was bound with tape to his chair and to the blackboard. Other pupils said their ankles were taped together, their arms taped to their lap or their heads taped to the blackboard. The girl said her mouth was taped shut. Since Marrero was the one who actually did the taping, she was charged with abuse and false imprisonment. The outcome of Marrero's case is unknown.
Since Vonda Christie did not do the actual taping, the Prosecutor later changed the charges against Christie from abuse to "neglect". However, that Florida statute applies only to child "care-givers", not schoolteachers, so in 2005, the Florida courts dismissed the neglect charges against Christie. There is no indication that the Prosecutor ever filed different charges.
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"Benson claims that her transfer to OSS was an adverse action because Benson 'was assigned to a half desk[,] was given the task of packaging,' and was the only employee required to sign a log sheet in Kaufman’s office at the beginning and end of each day.' ......"... It is possible that a reasonable juror who is aware of the time-barred actions – which include an earlier transfer and other allegedly retaliatory acts – would find that the OSS transfer was a retaliatory adverse action even though it occurred twenty months after Benson I was filed. I therefore find that Benson has stated a prima facie claim of retaliation based on the OSS transfer."The burden therefore shifts to the Board to assert legitimate, non-retaliatory reasons for the OSS transfer. The Board has done so, claiming that Benson, while serving in HHVI (the position from which she was transferred), 'was insubordinate to her supervisor, Ms. Hymes, refused to do assignments given to her, [and] verbally abused her co-workers on several occasions[.]' ... Those allegations are supported by a thorough set of contemporaneous documents, including:• Two letters from Hymes to Benson stating that Benson refused to discuss an assignment Hymes attempted to give her ...;• A letter from Hymes to Benson stating that Benson spoke to two HHVI staff members in an “explosive” and “insulting” tone ...;• A memorandum from Marie Tesoriero ..., a co-worker of Benson, to Hymes stating that Benson “verbally assaulted and terrorized” Tesoriero by screaming, “You people have to stop doing this to me!” and pounding a cup on Tesoriero’s desk after Tesoriero asked Benson to contact a parent representative ...;• A letter from Hymes to Benson stating the same and explaining that Tesoriero’s account was confirmed by two witnesses ...; and• An Incident Report prepared by Tesoriero describing her run-in with Benson ... ."Benson was transferred to OSS approximately one month after the incident involving Tesoriero. This court finds that the reasons asserted by the Board are legitimate and nonretaliatory. The Board has therefore carried its burden, which means that Benson must put forth 'sufficient potential proof for a reasonable jury to find the proffered legitimate reason[s] merely pretext[s] for impermissible retaliation.' ... Benson has not done so.
"I find no factual basis for Benson’s allegation that the Board 'deliberately' made her working conditions 'intolerable'. I consider first the question of deliberateness. ... the Board had legitimate, nonretaliatory reasons for the non-time-barred acts Benson alleges, and Benson has not shown that those reasons were pretextual or even that the purpose of the acts – or one of several purposes, for that matter – was to effect Benson’s discharge. Absent any evidence to the contrary, this court must conclude that the Board did not 'deliberately' make Benson’s working conditions intolerable."This court also finds that the conditions effected by the Board’s acts were not 'intolerable'. In the context of constructive discharge claims, 'intolerable' means that a 'reasonable person' in Benson’s position 'would have felt compelled to resign'. ... ... This court finds that Benson’s non-time-barred allegations – that she was transferred to OSS and not promoted to the position of Educational Analyst – do not describe conditions that would compel a reasonable person to resign. ..."... there is no basis in this case to believe that the Board’s conduct was 'racheted up' in the period immediately preceding Benson’s alleged constructive discharge. Benson alleges that she was constructively discharged on September 10, 2002. ... The acts that most closely preceded that date were Benson’s non-promotion to the position of Educational Analyst, for which she was interviewed more than two years earlier ... and the OSS transfer, which occurred eleven months earlier ... .
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In 2006, a Jehovah's Witness Elder in Canada, who was employed as a public school bus driver, pled guilty to committing an "indecent act" during an official school field trip. The school bus was stopped at a large indoor mall, and the JW Driver evidently had stayed with the school bus while the children were inside the mall. More than one incident possibly occurred, and more than one person possibly witnessed the indecent act(s). The act(s) apparently happened in the parking lot away from the school bus, but the perpetrator apparently was later identified as being the driver of the school bus, and arrested. The JW Elder later resigned his position, and plea bargained to 9 months probation.
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"Defendant asserts that it terminated Plaintiff for failing to observe safe work practices after Plaintiff failed to supervise the autistic student she was assigned to watch. ... Defendant has presented substantial evidence in support of this legitimate, nondiscriminatory reason. ... Plaintiff has failed to provide specific and substantial evidence that Defendant’s stated reason for her termination is unworthy of credence.... ..."The Court concludes that no reasonable jury could find that Plaintiff was subjected to a hostile work environment. Four incidents spread over three school years and two schools simply are not so severe or pervasive as to alter the conditions of Plaintiff’s employment. Moreover, while Chamberlin’s comment regarding Plaintiff’s age was offensive, it is questionable whether any reasonable person would find the other three comments offensive at all. At most, the four comments were "mere offensive utterances" not actionable under Title VII or the ADEA.
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O'BRIEN v. OCEANSIDE SCHOOL DISTRICT was a 1991-2 California lawsuit involving a Jehovah's Witness named Gregory O'Brien. In February 1992, the Oceanside Unified School District, in San Diego County, California, agreed to pay $125,000.00 to settle an employment discrimination lawsuit filed by O'Brien. The 29 year old former maintenance man had alleged that he was repeatedly harassed while on the job and discriminated against because he was a Jehovah's Witness.
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NICHOLS v. CAROLINE COUNTY BOARD OF EDUCATION is/was a 30+ year long running battle between an African-American Jehovah's Witness named Norman L. Nichols, Jr. and the Caroline County school system. Nichols was initially hired as a teacher of general and choral music back in the 1960s. Although details are sketchy, Nichols was fired on at least two occasions in the late 1960's and early 1970s. On each of those occasions, he was later reinstated after he took unidentified legal steps to regain his position. In 1983, Nichols filed a state court lawsuit regarding his 1971-2 termination, but it was dismissed.
Starting in 1990, Nichols had been assigned to teach at Colonel Richardson Middle School. Beginning in September 1998 and continuing during the first part of 1999, conflicts arose between Nichols and the Principal and Assistant Principal, who were both caucasians, including a time when the caucasian Assistant Principal reprimanded Nichols for displaying a Watchtower recruiting book in his classroom. Nichols alleged that these incidents resulted in racially discriminatory actions taken against him, and in June 1999, Nichols filed a complaint with the EEOC, which was followed by a federal lawsuit in November 1999. The USDC dismissed that lawsuit for lack of evidence in November 2000.
During the 2000-2001 school year, Nichols was re-assigned to teach health education. Between then and 2004, Nichols was fired again. In 2004, Nichols filed another federal suit against the Caroline County Board of Education claiming racial, gender, religious, and speech discrimination and retaliation in violation of Title VII. Nichols asserted that the Board negatively evaluated him, downgraded his teaching certificate, and ultimately terminated him on the basis of unlawful discrimination. The results of this latest lawsuit is unknown.
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ROSSI v. TROY STATE UNIVERSITY was a 2002 Alabama federal lawsuit filed by a Jehovah's Witness named Patrick Rossi. Rossi was a tenured associate mathematics professor at TSU. In his Complaint, Rossi alleged religious discrimination pursuant to Title VII against TSU and its' Chancellor. Rossi alleged that TSU did not promote him to the position of Chair of the Mathematics Department because he was a Jehovah's Witness. Rossi initially gained employment as an assistant professor in August 1993. After working for four years, Rossi applied for a promotion to associate professor in October of 1997. This application was denied. Rossi applied again in October of the following year and was promoted and granted tenure in March of 1999. During this time period, the mathematics department was vacant of an appointed "Chair". Diane Porter, another professor in the mathematics department, served as Acting Chair from 1996 until 1998. In 1998, Rossi was named Acting Chair, and served until August 7, 2000, at which time he resigned this position. At that time, Chancellor Hawkins sought to appoint the full Chair of the Mathematics Department. Rossi removed himself from consideration. Based upon a recommendation by Dean Pullen, Chancellor Hawkins appointed Diane Porter as the Department Chair. Rossi remains a full time mathematics professor. In his affidavit to the court, Dean Pullen asserts that he did not recommend Rossi because Rossi "was not a strong leader or administrator" during the time he served as Acting Chair of the department and that Diane Porter was deemed more capable based upon the comparative success of her performance in her earlier service for two years as Acting Chair (prior to Rossi's term). All assertions of religious discrimination were denied. The USDC ruled that TSU had given a legitimate non-discriminatory reason for not promoting Rossi. The court further found that Rossi had provided no evidence that TSU's legitimate non-discriminatory reason was pretext for discrimination. Based upon this, the court granted summary judgment in favor of TSU.
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U.S. v. THERESA GOLDBERG and U.S. v. DAVID GOLDBERG were two 1998-9 New York federal criminal court cases which involved a Jehovah's Witnesses couple named David and Theresa Gaetonina Goldberg. The Goldbergs were originally charged with the kidnapping of a handicapped 6 year old Hasidic boy, named Chaim Weill. Theresa Goldberg had provided health care services for the Brooklyn boy for several years as a city government provided home health aide subcontractor. However, Goldberg felt that the child was not getting proper attention and treatment for his cerebral palsy from his parents. Goldberg wanted to get the boy some sort of unorthodox healing or holistic treatments in South Carolina. Under the pretense of taking the child out for a stroll in his wheelchair, Goldberg abducted the child and later attempted to transport the boy to South Carolina without the parents knowledge or permission. The FBI arrested Theresa Goldberg in Chester, Virginia two days later where she and the child were found sleeping in a car. Interestingly, when the child was rescued by the FBI, his yarmulke had been thrown away, and his payess had been cut off.
Both David and Theresa Goldberg were allowed to plead guilty to reduced charges. Theresa Goldberg pled guilty to "kidnapping conspiracy" and received a 57 month sentence, of which she probably served very little. David Goldberg, who knew of his wife's plans to kidnap the child, was allowed to plead to "criminal conspiracy", and received a sentence of only 10 months.
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