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EMPLOYMENT ISSUES UNIQUE TO JEHOVAH'S WITNESS EMPLOYEES





 

MISCELLANEOUS JEHOVAH'S WITNESS EMPLOYMENT SCENARIOS III


 
 
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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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APORTELA v. SOCIAL SECURITY ADMINISTRATION is a series of Texas federal court cases which involve a 10+ years long running battle between a Hispanic Jehovah's Witness named Carmen Aportela and her employer, the Social Security Administration. Carmen Aportela started working at the SSA in 1989 in an unidentifed capacity.  In 1995, Aportela was promoted to the position of "claims representative", and problems apparently started immediately after Aportela started working that position. Between 1996 and 2003, Carmen Aportela filed 7 formal complaints with the EEOC complaining of "discrimination" based on her Jehovah's Witnesses religion; her Hispanic race; her Mexican? national origin; her female sex; and her 6 disabilities of fibromyalgia, depression, anxiety, PTSD, etc., etc .  Aportela also filed two or more worker's compensation claims (1996, 1998, ?).  In May 1998, Aportela was even terminated, but was re-instated in January 1999 after SSA agreed to settle that case.
 
One noteworthy incident occurred in 1996, when Aportela's request for 40 hours of "leave" was denied, so that Aportela could attend an American Federation of Government Employees Human Rights Conference. Aportela also involved the local Union and its representative in her complaints. This is noteworthy, since as pointed out elsewhere in this website, the WatchTower Society historically has counseled its Jehovah's Witnesses members to avoid union activities, including at one time even avoiding membership. For some unexplained reason, Hispanic JWs never got the message. I have repeatedly ran across bits and pieces, here and there, of Hispanic JWs being intimately involved in unions and union activities.
 
Almost immediately after Aportela started working as a claims rep, she started complaining about: her supervisor hiring too many people from his religion; co-workers being treated better than her; co-workers receiving larger bonuses for less work; being assigned work in greater quantities and difficulty; workstation issues; multiple difficulties with co-workers; etc., etc. Aportela was cited numerous times for AWOL for unexcused tardiness and/or absences, and was suspended two or more times (in addition to the 1998 termination).
 
In 2002, Aportela's then six pending EEOC claims were consolidated and heard by an ALJ, who ruled against Aportela. Aportela appealed and lost again. In 2003, Aportela filed a Title VII federal lawsuit claiming a litany of discriminations and retaliations. That case was summarily dismissed in 2005.
 
In 2003, Aportela filed a seventh EEOC claim, which was not included in the 2003 federal lawsuit. The disposition of that claim, probable later EEOC claims, and probable later lawsuits are all unknown.

 

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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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REDDICKS v. PACIFIC MARITIME ASSOCIATION ET AL was a 2005 Washington federal court decision. In October 2004, an African-American Jehovah's Witness, named Alphonse L. Reddicks, filed a federal employment discrimination lawsuit against Pacific Maritime Association, and Local 23 Longshoremans Union, in which Reddicks alleged that he was wrongfully terminated on the basis of race or color, religion, and in retaliation for being a witness in two separate grievances. Alphonse Reddicks requested relief of $1,000,000,000.00 (that's ONE BILLION DOLLARS) for disparate treatment, wrongful termination, termination without just cause, violation of his civil rights under the Fair Labor Standards Act, the Taft-Hartley Act and the National Labor Relations Act.
 
In March 2004, Reddicks was "deregistered", or fired, by the Tacoma Longshore Joint Port Labor Relations Committee for purportedly failing to pay Union dues for October of 2003, and for failing to provide an adequate or timely excuse for low hours for January of 2004. Reddicks claimed that the real reasons that he was fired was because of his WatchTower religion, and because of his African-American race, and in retaliation for catching a dispatcher practicing unfair dispatching procedures and for testifying on behalf of two individuals who filed grievances against the Union and the business agent.
 
In June 2004, Reddicks filed a Charge of Discrimination with the Washington State Human Rights Commission against PMA, but the ILWU was not named in the charge; thus Reddicks did not exhaust his administrative remedies with regard to complaints of discrimination against the ILWU.  Reddicks also claimed to have filed a complaint with the EEOC, and further claimed that he received a Notice-of Right-to-Sue Letter, but such was not attached to his pro se complaint.
 
In August 2005, the USDC "dismissed with prejudice" all claims against the Union. The Title VII claim was dismissed because Reddicks failed to exhaust his administrative remedies, and the claims under the FLSA, the Taft-Harley Act, and the NLRA were dismissed for failure of jurisdiction or facts to support any possible claims.  The USDC also "dismissed with prejudice" all claims against PMA, with exception of the Title VII claim, which Reddicks possibly may be pursuing, assuming he did receive a Notice-of Right-to-Sue Letter. Further outcome unknown.
 
 

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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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JEHOVAH'S WITNESSES
 
WORKING IN HEALTH CARE
 
 
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SLUE v. NEW YORK UNIVERSITY ET AL was a 2004-6 New York federal lawsuit which involved an African-American Jehovah's Witness named William E. Slue. Slue was employed by NYU from June 1962 until he was fired in January 2004.  At the time of his termination, Slue was Supervisor of Medical Photography. After a secret investigation, which included undercover work performed by a private investigation firm (named as a defendant), Slue was accused of taking extra photographs of female patients (including breasts and genitalia) for his personal use.
 
Slue denied all of NYU's allegations, and filed a federal lawsuit alleging wrongful discharge and breach of contract, improper termination of lease, improper denial/termination of benefits, conversion, defamation, intentional infliction of emotional distress, interference with contract, intentional interference with economic opportunity, and violation of federal and state privacy laws. In January 2006, the federal court dismissed all of Slue's charges against NYU, except his charge that some emails sent by a NYU supervisor were "defamatory". In September 2006, a jury determined that the emails in question were not written with malice, and ruled in NYU's favor.

 

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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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BELL v. KAISER PERMANENTE HOSPITAL was a 2002 California lawsuit involving an African-American and a Hispanic Jehovah's Witnesses -- names Eileen Bell and Heidi Mascarenas.  The two clerical employees were fired from Kaiser's Richmond, California hospital facility.  Thereafter, the pair filed a lawsuit claiming that while employed at Kaiser Permante that they both were harassed because of their Jehovah's Witnesses religious beliefs and their race.  Outcome unknown.
 
 
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In 1996, an African-American Jehovah's Witness Registered Nurse was hired at a long term facility located in the Red Bank, New Jersey area.  She was terminated or quit (depending on which version of the account from the JW's own law firm you read), either three, four, or possibly more days later (depending on which version of the account from the JW's own law firm you read). A federal discrimination lawsuit, which alleged racial and religious discrimination, was quickly filed. Within less than one year, the long term facility paid $40,000.00 to settle the lawsuit and make the plaintiff go away.
 
Given that I have seen two different accounts of this lawsuit provided from the JW side, and given that there is no official record due to the settlement, readers should weigh this summary accordingly. The earlier account implied that the JW Nurse had worked for a longer period of time - long enough to be denied a shift promotion, and implied that the JW Nurse had in reality "quit", and later claimed "constuctive termination". The earlier version also failed to mention that "racial discrimination" was a major part of the case. The earlier version also indicated that a claim for "harassment" had been included in the lawsuit.
 
According to the revised version, the JW Nurse was "terminated" on either the 3rd or 4th day after being hired. The JW Nurse was "terminated" because she reportedly failed BOTH the written and practical portions of the "medication dispensing" exams. Reportedly, during the practical part of the exam, given on either her second or third day of employment, the JW Nurse had given a patient the wrong dosage of Xanax - a controlled substance. The JW contended that since the error had been detected by the patient, and not the testing proctor, that her "termination" was discriminatory given that the proctor was not also terminated. JW Nurse also questioned whether the error had occurred based on absence of some records.
 
JW Nurse alleged that she was the only African-American employed at the facility, and that the other employees were obviously prejudiced. On either her second or third day there, another employee had brought in a watermelon to share with the other employees. JW Nurse alleged that that co-worker brought her the "biggest piece" of watermelon (an obvious slight), and stated that she was "probably dying for this." JW Nurse alleged that this was overheard by a supervisor, who she further alleged "snickered", and was obviously hostile against African-Americans, otherwise, the supervisor would have disciplined the watermelon deliverer on the spot. Thankfully, the JW Nurse was not paranoid, nor prejudiced, herself.
 
Later that second or third day, JW Nurse was "repeatedly" harassed to contribute $1 toward the employee's lottery pool, which JW Nurse declined. JW Nurse was allegedly asked if she were a "Jehovah's Witness" (obviously, only JWs do not play the lottery).
 
After being "terminated" on either her third or fourth day there, JW Nurse was so emotionally distressed that she was out of work for seven months. New Jersey must be the only place in the world where Registered Nurses can't obtain employment within a matter of days.
 
Here is my summary from the previous version seen at the JW's law firm website:
 
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 v. NEW YORK CITY BOARD OF EDUCATION I (2005) and BENSON v. NEW YORK CITY BOARD OF EDUCATION II (2006) were two related New York federal appellate and district court decisions, which represent a nearly decade-long running legal battle between an African-American Jehovah's Witness, named Evelyn Benson, and her employer, the New York City Board of Education. 
 
BENSON I.  Evelyn Benson was initially hired in 1971, and thereafter received a series of promotions. In 1997, the Board denied Benson's request for a raise. Later in 1997, Benson complained to the Board about the denied raise and about remarks allegedly made by her then-supervisor, who Benson claimed disparaged her on the basis of her African-American race and WatchTower religion. In June 1998, after filing two administrative grievances with the Board, Benson filed a charge with the EEOC alleging that the Board discriminated against her on the basis of her race and religion by failing to give her a pay raise and creating a hostile work environment. In October 1999, Benson filed a federal lawsuit alleging the same. The USDC dismissed Benson's lawsuit in 2003, and on Benson's appeal, the USCA affirmed the dismissal in 2005.
 
BENSON II.  While Benson I was ongoing, in February 2002, Evelyn Benson filed a second charge with the EEOC alleging that the Board retaliated against her for filing the 1998 EEOC charge and Benson I. In August 2002, Benson filed BENSON II, in which she alleged retaliation based on "racial profiling", two job transfers, the denial of her health benefits, the Board’s failure to promote her, and her constructive termination. In 2006, the USDC dismissed all of Benson’s federal claims "with prejudice", and dismissed her state claims without prejudice to her refiling them in state court.
 
Many details are both limited and unclear, but Benson was apparently also charged with allegedly physically assaulting a Supervisor sometime prior to August 2000. The Board suspended Benson for the month of August 2000. When Benson returned from that suspension, the Board failed to reinstate her health benefits for nearly one year. Apparently, Benson alleged that the alleged assault was an instance of 'racial profiling", because she further alleged that she was deemed violent based on her race, rather than on her individual personality. Apparently, Benson also alleged that the August 2000 suspension was in "retaliation" for the events surrounding Benson I. Although unclear, the USDC in Benson II refused to hear these claims indicating that such had been dealt with in Benson I.
 
In October 2000, the Board transferred Benson to the Office of Hard of Hearing and Visually Impaired, under the supervision of Ina Hymes, where Benson was assigned a clerical position, which Benson later claimed did not befit her title. In July 2001, Benson was again transferred, this time to the Office of Speech Services, under the supervision of Helen Kaufman. Benson also claimed this position to be demeaning to her. With regard to Benson's claims that these transfers were in "retaliation" for the events surrounding Benson I, the USDC ruled:
 
"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.
 
 
With regard to Benson's claim of "constructive termination", details are again sketchy, but apparently Benson ceased going to her job on/after September 10, 2002, but claimed that she did so involuntarily because she "was constructively terminated and became disabled from her employment ... because of the emotional distress she was suffering from the retaliatory conduct of [the Board]". The USDC ruled:
 
"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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STATE v. GONZALEZ-RUBIO was a 1999 Florida criminal case involving a Jehovah's Witness named Caesar Gonzalez-Rubio.  Caesar Gonzalez-Rubio and his wife owned/operated "Caesar's Bus Service", which was a private school bus which they contracted to the Dade County, Florida school system.  In 1998, an eleven year old girl on Gonzalez-Rubio's route reported that she had been sexually molested by Gonzalez-Rubio while riding his school bus.  Although charged with a felony, Gonzalez-Rubio was offered a plea bargain to a much lesser misdemeanor charge.  Gonzalez-Rubio received probation, and unbelievably, he was allowed to continue driving the same school bus route. (Law enforcement typically dropped the ball. But, where was the school system? Where was his JW Wife?) Less than a year later, Caesar Gonzalez-Rubio was charged with molesting four more children. Amazingly, the prosecuter again offered this Jehovah's Witness Molester a plea deal which likely involved less than two years of actual jail time.  Even more amazing was that Gonzalez-Rubio's Jehovah's Witness Wife was allowed by the Dade County school system to continue to operate the contracted bus service.

 

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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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GRIFFIN v. SCOTTSDALE UNIFIED SCHOOL DISTRICT was a 2005-7 Arizona federal court case. A 72 year-old Jehovah's Witness, named Charlotte E. Griffin, was employed as a teacher's aid in 2002. After a series of "incidents", Charlotte Griffin was fired in 2004. In 2005, Griffen filed this employment discrimination lawsuit against the school district, in which she alleged religious and age discrimination.
 
Griffen began her employment in the classroom of teacher Judy Chamberlin, at Pueblo Elementary School, during the 2002-2003 school year. Griffen alleged that Chamberlin harassed her, on the basis of age, in January 2003, by stating that "even bus drivers know when to retire".  Griffen also alleged that Chamberlin harassed her, on the basis of religion, when Chamberlin explained to the class that Griffen would not sign a birthday card because she did not celebrate birthdays. After Griffen filed formal complaints against Chamberlin, Griffen was re-assigned to work in the library. The school district conducted an investigation, and determined that Chamberlin had not meant to offend. However, Chamberlin was formally reminded of the school system's anti-discrimination policies. Interstingly, Chamberlin chose to retire at the end of the school year.
 
At the beginning of 2003-2004 school year, Charlotte Griffin was assigned to the classroom of teacher Jennifer Henderson at Pueblo Elementary School. Griffen also alleged that Henderson harassed her, on the basis of religion, when Henderson asked Griffen to share her religion with the class.
 
In Summer 2004, Griffen was assigned to a position at Cherokee Elementary School, where Griffen worked with special education teacher Patti Geninatti, and resource center teacher Mary Cree. Griffen also alleged that Cree harassed her in August or September 2004, on the basis of religion, when Cree tried to convince Griffen to wear a voting pin and vote in a local election. Griffen claimed that she "had to get real frank with them and tell them it was against my religion".
 
Griffen’s job with Patti Geninatti generally consisted of working with an autistic boy on a one-to-one basis. In August 2004, the boy’s mother complained that her child had wandered off while under Griffen’s care. In September 2004, Griffen received a performance evaluation that reflected the need for improvement in, among other areas, keeping track of children on the playground. Griffen received improvement plans with instructions to focus on special needs children, and understood that lack of progress could lead to her termination. Subsequently, the school received a complaint from the father of the boy that on September 22, 2004, Griffen again failed to supervise the child at the end of the school day, by allowing him to walk out of the school unaccompanied.
 
Griffen was placed on administrative leave. An investigation concluded that Griffen had failed to supervise the student on at least two occasions. At a pre-termination meeting, it was concluded that Griffen had failed to supervise the student properly and that termination was warranted. Griffen  filed a grievance regarding her termination. The school reviewed the matter, upheld the decision, and terminated Griffen’s employment on November 8, 2004. Griffen appealed her termination to Lois Healey, Special Education Services Administrator, who upheld the termination.
 
In December 2004, Griffen filed a charge of discrimination with the Arizona Civil Rights Division. The ACRD dismissed Griffen's discrimination charges after conducting its own investigation. Griffen filed this federal lawsuit in June 2005. Count One of the Complaint alleged religious discrimination in violation of Title VII of the Civil Rights Act of 1964. Count Two alleged a violation of the Age Discrimination in Employment Act, for "revealing and alluding to the plaintiff’s age by engaging in offensive comments and direct disparagement". In February 2007, the USDC granted the school system's motion for summary judgement, stating in part:
 
"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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SILVA v. UNIVERSITY OF MISSOURI was a 1988 Missouri lawsuit involving a college professor named Brian de Silva, who apparently at that time was studying to join the Jehovah's Witnesses. Silva charged the Head of his department with religious harassment and discrimination as at least part of the reason for his firing, which at least in part allegedly included the denigrating of Silva's "interest" in the Jehovah's Witnesses.  Full details are unknown since the lawsuit was settled for the amount of $10,000.00.

 

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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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