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Page: Profile: Wren's Nest News Local
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Article: 16592
[Pagan]
Date Posted:
11/16/2006
4:45:16 pm EST
Wvox Stats
Views: 5,938
RSS: 20,454
Comments: 7
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Update: Conciliation Process Begins For Fired School Bus Operator
Author: Joel Stottrup Source: Union Eagle (MN)
Title: CONCILIATION PROCESS BEGINS FOR FIRED SCHOOL BUS OPERATOR
The Princeton School District and its transportation provider, Peterson Bus Co., have agreed to enter a conciliation process with fired school bus driver Julie Carpenter.
That decision came shortly after the federal Equal Employment Opportunities Commission (EEOC) recently gave an opinion there is reasonable cause to believe the district and the bus company discriminated against Carpenter based on her religion.
There was hearsay, [Tim] Wilhelm [manager of the bus operation in Princeton] told the Union-Eagle not long after the firing, that Carpenter had told some fellow bus drivers she was a witch.
When the Union-Eagle asked Carpenter then about her beliefs, she said she was a pagan.
Additional Article Link: [Click HERE]
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Community Thoughts: There are 7 comments posted | Reverse Sort |
| They Even Admitted It... | Nov 18th. at 1:14:50 pm EST
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DodiaFae (Rhode Island, Rhode Island) - Email Me
[Sleeper sent a letter to Wilhelm last January that said, “It is our opinion that Ms. Carpenter does not serve as a role model nor is suitable to perform transportation services for the Princeton School District in light of recent media reports of her husband/friend to be a vampire who is running for public office and Ms. Carpenter informing other bus garage employees that she is a witch.”]
What was that?
[...in light of recent media reports of her husband/friend to be a vampire who is running for public office...]
And what else?
[and Ms. Carpenter informing other bus garage employees that she is a witch.]
Right. 'Nuff said.
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| "At Will" Always Has Limits | Nov 18th. at 11:26:58 am EST
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Terry (Irvington, Virginia) - Email Me
States whose laws don't impose a requirement for employers to state a lawful cause for terminating an employee are known as "at will" states, as distinguished from "for cause" states.
Despite being described as allowing firings for any or no reason, that isn't entirely accurate. Most states have state anti-discrimination laws, while Federal law sets basic minimum legal standards nationally. Such law is very technical, as to specified grounds for protection from unlawful firings, and their often warped and inconsistent interpretation. There are many cases where the size of an employer changes the law (eg, 5 or fewer employees gives an employer more freedom to pick personalities he likes, or over 50 and an employer is subject to more strict policy based requirements) . Some classes of employers, like churches, but not secular church operated social services receiving tax backed grants, may discriminate for reasons generally illegal for most employers. Federal law sets minimum standards for protected criteria, on which state laws may expand but not undercut. Common such issues are marital status and political affiliation, which are protected criteria in some states, but for the most part not Federally. There are also messy issues in transition, where NY courts have ruled that it is illegal sex discrimination to fire a transgender to end incidents of harassment and employee conflict. By indirect implication, that court opinion (NY state a few months ago) requires that employers treat such incidents as wrongful harassment by those employees acting out against the transgender and discipline them. There's a huge mess where some courts have ruled that sexual orientation discrimination falls within existing criteria for sex discrimination, since it reflects sex of partners, while other states have enumerated sexual orientation as a protected class in law, or intentionally avoided doing so to encourage institutionalized bigotry and sociologically pathological prejudices. There are also many hypocritical cubbyhole exceptions to discrimination law, such as segregation of bath or locker rooms as building code obligations and discrimination law exceptions, about as consistent with the Constitution (14th and 19th Am's) as former race segregation laws.
That tends to result in a somewhat complex web, before considering disability law (state, ADA, etc) , Family and Medical Leave Act, Workman's Comp issues, union organizing, etc. In theory, those legal complexities are one reason why school systems and other organizations hire experienced administrators, who in theory have the understanding and skills to develop and implement policies that result in compliance with these laws.
Instead in this case, we find a nasty bully acting in violation of the law, where no "at will" law, nor any contract which states termination may be for any or no reason, actually means literally that.
As one witch lawyer lurking in the Federal EEOC in DC often reminds folks, the trick to these issues is "practical remedies" in individual cases.
When the employer is a small private proprietorship, law is often required to balance property rights with issues of fair play by a business impacting survival or others in an economics driven industrial society. In a large corporate employer, that business is treated as having some private traits, and some quasi-government ones, noting corporations are a legal fiction of government privilege. In this case, when the actor is government (even if acting via a private contractor) , it's far simpler, as government has no rights to make arbitrary choices to discriminate over protected criteria. Zero.
Findlaw's employee guide to employment law is linked below. Note that this does not attempt to cover broader issues of some state laws, or address administrative options of most states under lesser or stricter laws. Google "EEOC" and "protected criteria" for some examples of the types of issues often faced in courts and administrative disputes.
Find More info -- HERE
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| No, You Can't, Jerkass. | Nov 17th. at 10:33:55 pm EST
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Terry (Irvington, Virginia) - Email Me
{{Tim Wilhelm, manager of the bus operation in Princeton, received a letter from Princeton Superintendent Mark Sleeper that said: “The district can require removal of any employee, who in the district’s sole discretion, is deemed unsuitable to perform the transportation services to the district, providing the request is in writing, states the reason and agrees to discuss the matter with the contractor if desired.”}}
That argument of false logic would equally justify the local vampires sucking the blood from Sleeper's neck, and planting his disemboweled body on a no longer needed "Pole People" pole in the schoolyard.
No matter what the civil contract terms of the agreement between school district and bus contractor state, that no more means the school system can order the contractor to engage in illegal labor practices, than it means WitchVOX could legally organize a fund to exterminate vermin like Sleeper from the planet (even when humanity could benefit) . Every business manager or supervisor of employees is expected to know what laws preempt any and every agreement they might attempt to make in contravention thereof.
What would be justified is Sleeper's firing, not just for incompetency, but for malicious violations of Federal law, which place the school system at risk of losing EEOC regulatory enforcement action, civil suit, or other legal claims based on his wrongful actions. In some states, this type of actions would also constitute a hate crime.
The legal system needs changes to enable "piercing the shield" for government actors on the same basis applied to corporate officers or employees. Sleeper deserves to be convicted as a felon, disqualified for life from positions in school systems and any other employment that restricts, and be at risk of losing his house and bank accounts as liquidated civil damages to his victim, alongside any damages payable by the school system and bus company.
It would appear from the facts stated in this article that Wilhelm and the bus company knew of the illegal reasons for this demand for firing their employee. As such, they were obligated to refuse to comply with the illegal demand, and would likely have been justified going to regulatory investigators or law enforcement with that illegal demand, even if confidentiality agreements existed which likely could not be enforced in the case of illegal actions as Sleeper's letter constituted.
Every contract is subject to some basic limits on what are not valid or enforceable provisions if present. A contract could specify that some contractor shackle Sleeper and make his new home a Pacific rim sweat shop, but that too would not be enforceable within not just US but any international law. It's all too common for bad employers to make up questionable but potentially legitimate sounding false reasons for illegal firings. This case is so far over the top, a reasonable "conciliation" would call for the bad Superintendent to work as a bus driver and have no other employment or income for a period of no less than 3 years, with Julie Carpenter promoted to a management position empowered to choose his schedule and routes.
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| I Wish Her The Best. | Nov 17th. at 7:36:12 pm EST
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Alpha Kilo (St Petersburg, Florida) - Email Me
I know firsthand what it is like to lose a job for discrimation of sorts. The reality is, it can be a tough thing to prove. Unfortunately, when I lost a job I really enjoyed some years ago, I was not an ACLU member. I had contacted several lawyers, and none of them really wanted to take on my case. I had a flawless job record regarding performance, and no violations or accidents or incidents, but the fact that a particular supervisor didn't like me because I was pretty open about who I was in all aspects, I was let go. I won the unemployment hearing because he could not state a company policy that was violated, but it didn't get my job back. I still get upset about it at times, because I am unhappy with my present employers, and would love to be back where I was. I sincerely hope that all works out for this woman if she gets the opportunity to return. People can be mean when they don't understand something!
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| No Matter How You Slice It. . . | Nov 17th. at 1:45:19 pm EST
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Dynnys Derwydd (Lubbock, Texas) - Email Me
. . .it still looks like discrimination to me. Did the school district know her so well as to make the assertion she wasn't a "proper role-model" or did they come to that conclusion because of whom she was once engaged to and what her personal beliefs are? I think the answer would be a qualified, "Duh, of course!"
Fight with knowledge, not in ignorance.
honi soit qui mal y pense,
Dynnys Derwydd
"Are ya feeling litigious? Well, are ya pagans?"
"Um, yes we are on a daily basis!"
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