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Supreme Court Rejects Test Case of Workplace Religious Harassment
AP ^ | 10.29.01 | Gina Holland

Posted on 10/29/2001 7:35:46 AM PST by callisto

WASHINGTON (AP) - An employee fired after giving Bibles to co-workers and praying with them lost his religious harassment case before the Supreme Court, but justices refused Monday to block a trial on the termination.

Conservative groups wanted the court to use the case to provide guidelines for workplace "witnessing". The court declined, without comment.

Kenneth Weiss offered a Bible to a Muslim co-worker at a Florida medical lab and called a lesbian colleague's attention to Scripture that describes homosexuality as "vile" and "unseemly." The born again Christian also "laid hands" on ill co-workers and prayed over a malfunctioning machine.

An appeals court said the behavior was not prudent, but determined that a jury should decide if he was guilty of harassing colleagues and deserved to be fired.

Weiss claims he was the one being harassed, for practicing his religion. He sued under Title VII of the 1964 Civil Rights Act, which bans on-the-job discrimination because of someone's religion, gender or race.

The act "was intended to protect religious expression in the workplace, not stifle it," Weiss told the Supreme Court. He said the 11th U.S. Circuit Court of Appeals ruling "leaves religious employees with little choice but to completely refrain from offering religious literature to others in the workplace, for fear of being terminated for harassment."

Neither Weiss nor his employer, REN Laboratories of Florida Inc., was satisfied with the appeals court ruling. The Supreme Court turned back appeals from both, which sends the case back to Florida for a trial.

Weiss was hired in 1992 as a medical technician at a Fort Lauderdale lab and promoted to night shift supervisor later that year. He was fired in 1993, after talking to a new employee about the importance of attending church.

He is described as a mild-mannered worker who openly discussed his faith. Weiss said he did not intentionally offend anyone.

The appeals court said he should have known that a Muslim would not want a copy of the Bible and that it was not prudent to initiate prayer sessions at work with colleagues.

He had been reprimanded for other things, including getting the wrong results in an AIDS test.

Lawyers for REN Laboratories told the Supreme Court that the company had the "legal duty to keep its workplace free of religious harassment." His behavior put the company "in a position of possibly losing employees to resignation or, worse, being sued by employees for tolerating a religiously hostile work environment," the attorneys said.

A Florida jury determined that he was wrongly terminated, but the judge in the case threw out the verdict. The appeals court ordered a second trial in the case.

Weiss asked the Supreme Court to clarify "where protected religious observance and practice leave off and unprotected harassment begins." He was represented by the Rutherford Institute, a Virginia-based conservative group that defends claims of religious discrimination

His suit claims that federal law protects religious expressions and that the appeals court decision "effectively chills innocuous religious speech and conduct in the workplace."

The cases are Weiss v. REN Laboratories of Florida, 01-317 and REN Laboratories v. Weiss, 01-292.


TOPICS: Government; News/Current Events
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1 posted on 10/29/2001 7:35:47 AM PST by callisto
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To: callisto
I wonder if I could convince Kenny to pray over my malfunctioning DELL machine ???
2 posted on 10/29/2001 7:42:35 AM PST by GeekDejure
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To: dadwags; SoothingDave; al_c; JHavard; Havoc; OLD REGGIE; Iowegian...
Kenneth Weiss offered a Bible to a Muslim co-worker at a Florida medical lab and called a lesbian colleague's attention to Scripture that describes homosexuality as "vile" and "unseemly." The born again Christian also "laid hands" on ill co-workers and prayed over a malfunctioning machine.

bump to the church of Jesus Christ @ FR ..Is this "harassment" or free speech

3 posted on 10/29/2001 7:43:26 AM PST by RnMomof7
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To: callisto
Private individuals and corporations should be allowed to discriminate against whomever they wish. If I don't want a freak that's annoying the hell out of the rest of my employees working for me, then I have the right to fire him.
4 posted on 10/29/2001 7:45:39 AM PST by billybudd
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To: callisto
...and prayed over a malfunctioning machine.

This guy sounds like a nutcase not a Christian. He might want try to witness to a mental health care provider if he believes that machines have souls.

5 posted on 10/29/2001 7:48:25 AM PST by toupsie
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To: toupsie
He had been reprimanded for other things, including getting the wrong results in an AIDS test.

And an incompetent nutcase at that.

6 posted on 10/29/2001 7:50:54 AM PST by freedomcrusader
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To: toupsie
"...prayed over a malfunctioning machine."

Dont work with computers much, do you, toupsie? hahaha.

7 posted on 10/29/2001 7:53:26 AM PST by WhyToKay
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To: RnMomof7
People like this drive more people away from Christainty than 44 leftists at a pot party. If he worked at my company, I would tell him to keep his opinions to himself, the next time I would give him a written warning, and the third time fire him. And not because of his religious convictions, but because he was disrupting the work dynamic. What a jerk!
8 posted on 10/29/2001 7:54:01 AM PST by stubernx98
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To: freedomcrusader
"...wrong results on an AIDS test."

Bummer for the person who got told they had AIDS, huh? Or maybe the guy who was told he did not have AIDS, then later had it confirmed that he did. Cant help but wonder if this could have been intentional, perhaps to allow AIDS to spread further among the homosexual community?

9 posted on 10/29/2001 7:55:51 AM PST by WhyToKay
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To: GeekDejure
Dude, you got a Dell....from hell.
10 posted on 10/29/2001 7:56:49 AM PST by anniegetyourgun
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To: WhyToKay
Have you tried your corporate Help(less) Desk, IT services, or other company means of repairing electronic hardware? The prayer might indeed do a better job of getting results. :)
11 posted on 10/29/2001 7:57:19 AM PST by The_Victor
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To: RnMomof7
I'll bet the ACLU stays out of this one.
12 posted on 10/29/2001 7:58:47 AM PST by al_c
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To: RnMomof7
It's a hateful thing to offer someone a bible these days - let alone quote scripture. And to care for the sick enough to pray for them....fugedaboutit.
13 posted on 10/29/2001 7:58:59 AM PST by anniegetyourgun
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To: RnMomof7
Is this "harassment" or free speech

An employer has every right to forbid certain kinds of speech in his workplace, including "witnessing."

An employee is free to say or do whatever he wants, and an employer is free to terminate his employment as a result.

14 posted on 10/29/2001 8:02:46 AM PST by sinkspur
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To: WhyToKay
How I make a living. If they had souls, you could at least reason with them.
15 posted on 10/29/2001 8:02:54 AM PST by toupsie
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To: stubernx98
The 'average' boss upsets the 'work dynamic' every time he/she sets foot on the 'shop' floor.

'Can I offer you a Bible?' or 'Can I pray for you?' should be met with the same responses as the 'Can I offer you a cigarette or a 'Coke' or 'Will you go out with me?' If the offers continue, so can the refusals or acceptances, until one of the parties makes it clear that the offer is no longer available or acceptable, IMHO. If one is not 'free' to inquire or offer; then, one is not truly 'free'.

16 posted on 10/29/2001 8:04:19 AM PST by d14truth
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To: stubernx98
That is not the issue,free speech is.When I did "floor nursing" I prayed and read scripture with patients all the time.Today I would get fired for that.

I don't believe in pushing it down anyones throat..but it is a legitimate subject for discussion.

I am offended by the filthy language and TV shows..all of that is covered by "free speech" but Gods name is forbidden.....Remember 9/11...

17 posted on 10/29/2001 8:04:23 AM PST by RnMomof7
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To: d14truth
If one is not 'free' to inquire or offer; then, one is not truly 'free'.

Amen

18 posted on 10/29/2001 8:05:16 AM PST by RnMomof7
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To: WhyToKay
Cant help but wonder if this could have been intentional, perhaps to allow AIDS to spread further among the homosexual community?

If, in fact, he did this, he ought to be behind bars, witnessing to fellow criminals.

19 posted on 10/29/2001 8:07:36 AM PST by sinkspur
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Comment #20 Removed by Moderator


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