Potter Party Leads to Employee Lawsuit
Wednesday May 28, 2008
This one comes to us from St. Louis, Missouri. A woman who was an employee of a public library claims she was disciplined for refusing to work at a party promoting last year's Harry Potter and the Deathly Hallows, which she says is in opposition to her religious beliefs. A Southern Baptist, Deborah Smith was suspended from her part-time job because she said she couldn't work at the library's Harry Potter party, which was held outside regular library hours. Now the ACLU is helping her file a religious discrimination lawsuit, saying that Smith's "right to free exercise of religion was violated".
Library administrators directed employees to dress as witches for the event, and Smith says that once she returned from her suspension, her duties were made more strenuous despite documentation that she had medical problems, and on her doctor's advice, she resigned. The Missouri Commission on Human Rights and the Equal Employment Opportunity Commission agree with Smith, and upheld her right to file a suit.
Obviously I'm not a lawyer, but I can definitely see how she's entitled to file a suit. I realize that when you are hired for a position there are certain jobs you're expected to do, but this woman's normal part-time duties were checking out books and answering phones. Not only that, I find it hard to believe that her refusal to work created any undue hardship on anyone else, and it's not like she just didn't show up - she specifically said that she had religious objections to the event. The library made a bad call on this one, and now they'll have to answer for it in a courtroom.
Library administrators directed employees to dress as witches for the event, and Smith says that once she returned from her suspension, her duties were made more strenuous despite documentation that she had medical problems, and on her doctor's advice, she resigned. The Missouri Commission on Human Rights and the Equal Employment Opportunity Commission agree with Smith, and upheld her right to file a suit.
Obviously I'm not a lawyer, but I can definitely see how she's entitled to file a suit. I realize that when you are hired for a position there are certain jobs you're expected to do, but this woman's normal part-time duties were checking out books and answering phones. Not only that, I find it hard to believe that her refusal to work created any undue hardship on anyone else, and it's not like she just didn't show up - she specifically said that she had religious objections to the event. The library made a bad call on this one, and now they'll have to answer for it in a courtroom.
Comments
I don’t think she’d have any lawsuit just based on being told to work the party because of her religious views. I say that because Harry Potter is a fictional piece so shouldn’t have an affect for any religious beliefs as I don’t know of any religion that’s against fictional work. But with the library telling her she had to dress up as a witch or something, that crosses a line to force someone to do that, though still feel you can’t make a religious case out of it. So I’m essentially on the side of the employee, but not for religious reasons. Though frankly I wouldn’t want to work somewhere that tried to force me to dress up as anything. Harry Potter also doesn’t seem to talk about religion at all (haven’t finished the last 2 books though), except they celebrate Christmas openly in the stories.
Oh, I totally agree that Harry Potter is fictional, and doesn’t promote any religion at all. What makes me think this woman might have a case, though, is that HER belief is that Harry Potter books promote witchcraft, which is in direct opposition to her own religious belief.
The ACLU’s point is that her religious rights were violated when she was disciplined for requesting the night off based upon her religious beliefs.
I don’t agree with Ms. Brown’s choice of religion or her beliefs, but I do think she was treated unfairly by her employers.
patti
Religious discrimination is wrong, even when that discrimination is targeted at a Xian. If the employee were Wiccan and required to attend a Left Behind party for the series finale (complete with dressing up like Jesus or an angel), I think every Wiccan on the planet would agree that discrimination took place - especially if (s)he were suspended or fired for refusing to comply.
The employee is well within her rights to file suit - and I hope she wins.
plus this is proof that the ACLU isn’t really anti-Christian, despite what some may say or imply.
I think she’s right to file a lawsuit. I’m a Potter fan, but I wouldn’t want to be fired because I refused to promote that I didn’t believe in, like the Bible, or “How to be a Nazi.” or whatever else it is that people write.
Ryan
I grew up Southern Baptist… pretty strict Southern Baptist. I have studied a lot of the religions around the world trying to find an answer. I have come to a conclusion that all of the world major religions are based on the same principle. Good vs. evil. And I am sorry, that is exactly what Harry Potter is about. Forget that it is set in an imaginary world of “magic”, it’s still a story of evil vs. good. And if anyone that reads it and thinks differently, You Are Ignorant, and too much of a zealot to realize that it is FICTION, someone’s dream. And any of you, zealot or not, that hasn’t thought of or dreamt of something that wasn’t real or actually possible (in other words out of your imagination), I am so, so sorry for you. As I said, IT IS A WORK OF FICTION FROM SOMEONE’S IMAGINATION BUT YET KEPT THE GOOD VS. EVIL OF RELIGION.
If she requested the night off, as a manager of personel, yes it did create more work for those present.
My question would be this: Did she dress and enjoy Halloween as a kid (and maybe with her kids now)? If she did, hmmm. Now the business, if they did actually give her %^&% over requesting off, then they, too, are closed minded and maybe should be punished a little, very little, because most people & business are closed minded (whether it be religous or needing people to do what is necessary for business).
I believe the lawsuit is justified. I don’t care if the book is fictional, it was against her beliefs and she was persecuted for it by being suspended. Beyond the religious aspect is the fact that this lady was part-time and the event was not during regular library hours.
I hope she wins.
I support the employee as well, but on principle, not religious reasons.
Imagine this: A movie theater doing a skit from Raiders of the Lost Ark at the Midnight (after normal hours) showing of the new Indiana Jones movie, and a Jewish person was told they have to play the part of one of the Nazi’s. Think there may be a bit of a stink about that?
Scolai wrote–
Religious discrimination is wrong, even when that discrimination is targeted at a Xian. If the employee were Wiccan and required to attend a Left Behind party for the series finale (complete with dressing up like Jesus or an angel), I think every Wiccan on the planet would agree that discrimination took place - especially if (s)he were suspended or fired for refusing to comply.
I agree. People have a basic human right to believe or not believe as they wish. No government should make employment conditional upon doing anything that violates sincere religious convictions. I respect Patti’s comments and your elucidation, Scolai.
I am sure the library administration thought this was harmless fun. When they learned that an employee could not in good faith participate, they should have accomodated her objections. So doing would not create a hardship upon the library in this case.
@David
Just because you’ve seen “Good vs. Evil” in religions you’ve looked at doesn’t mean it ‘belongs’ to religion. That, to me, is very much ignorant. You’re pretty much saying you can’t talk about good or evil without it also being about religion, which is just nonsense. Most of your points of tactless as well and you misuse the word zealot.
Hi, I just wanted to tell you that this is happening in Poplar Bluff Mo.,about 150 mi. south of st.louis.
As a Baptist-turned-Pagan, I commend the worker for standing up for her beliefs. I also agree with Scolai: for all the non-Xians who are poo-pooing her and saying she should have “went along with the program”, would YOU dress as a Xian figure to promote a fictional Xian text? Of course not. You would take the same action she did—decline and then sue when fired.
None of us want things forced upon us that we are uncomfortable about. Sexual harassment for example. She felt uncomfortable about the situation. She voiced the fact she was uncomfortable and was punished for it. Not to mention it was an “after hours” event. In my experience it is usually the xtians that have been narrow minded. In this case it is reversed! The library is WRONG!
Poor woman, she tells her employer well in advance she has objections to working at something that is outside her normal working hours and she feels goes against her faith, so they make her normal working hours harder and freeze her out. Whether she is a Pagan or not, whether she is a Christian or not, no employee deserves to be treated like this.
I have a feeling that the discrimination had less to do with her being a Baptist and more to do with the library needing a lot of volunteers to marshal the children. The library made a very bad call.
That woman should not have been fired for something so minor! If she didn’t want to go to a party because she was uncomfortable, for a good reason, she shouldn’t have to go. The library is completely in the wrong.
First of all she wasn’t fired, or even docked hours. What did happen, she said was that they made her job harder by giving her heavy things, and she had a doctor’s note saying that she couldn’t do these things and on the advice of the doctor she resigned.
Now, I agree if she had been fired or her hours cut, I would say she had a case.
Maybe her co-workers just make her like harder because she didn’t help them out when they needed it? She could have told them she could not dress up but would help.
Maybe her illness made it harder to do her job.
Maybe the people who worked with her didn’t like her?
It could be that she though she was given more heavier or harder duties and it was all in her mind.
It she thinks that it was done because of religious discrimination then she has a right to find out.
I also agree with Scolai: for all the non-Xians who are poo-pooing her and saying she should have “went along with the program”, would YOU dress as a Xian figure to promote a fictional Xian text? Of course not. You would take the same action she did—decline and then sue when fired.
Not necessarily. If the job requires me to dress up, I can live with that. Wearing an angel suit doesn’t mean I believe the religion behind it any more than wearing a football jersey makes me a football fan or wearing a chicken suit makes me a bird. If they require that I declare myself a Christian and show proof of church attendance, that’s a horse of a different color and yeah, we’re going to have problems, but it’s a costume, a bit of theater, play-acting. They didn’t ask her to believe it. She may have a valid point, if that indeed is why they fired her, but it sounds more like she got let go for being physically unable to do the job (sorry, but working in libraries or bookstores requires a certain amount of lifting) and is looking for a way to get attention and money out of it.
I can there is a situation, but would sure be curious as to “What” exactly violated her religion - (dressing up? promoting a questionable book?
(yes, it reminds me of the JCSuperstar days - when choirs had wars over doing a piece from it - (art vs not okay to push freedom of speech.
I can’t comment on her situation, as I didn’t see it - BUT. I would like to point out that a library, dealing with art and communication, and freedom of speech, is probably not the best place to have personal opinions on which books you support or don’t, or activities related to it -
However, the contrariy to some religious belief held, - reads as a generality only because there is no specific given, just leads us to speculation -if that is what they will base this case on - as opposed to the simple “I personally feel that my night off in someway directly jeopardized my job”
Well, I don’t know her exact job description, but I have seen enough library positions which include that lifting is involved, etc.etc - so even if one was being treated leniently, and then one was called on to perform actual job duties stated,, that still wouldn’t cut it as a “mean” reason.
However, a library is not for the fearless or prejiduced to begin with -
(freedom of speech here, and the job would entail being gung ho with your group for the benefit of the institution - not I’ll deal with these books and activities, but not those -
sounds like poor job choice to begin with -
I think this is all a bunch of whooey. David’s right, it’s fiction, get a grip, people. Why is everyone so against any religion but their own that it seeps into their views of a story book?
My vote? Let’s go out and shoot up humpty dumpty because that bastard is inflicting nightmares on my childhood self because I believe that eggs should not be spoke of as giant. how rude. And that bean pole with the giant? That rotten little boy needs to have his mouth washed out with soap!! I’m suing that lying twat, mother goose too for all those lies she’s spreading to the poor, easily influenced children!! *faints*
everyone just needs to calm down. It’s a costume. And halloween is a fun time for kids. why would you take that away? It’s a book meant for enjoyment. why must everyone over the age of 13 be so set to suck the fun out of life??
people need to retract the giant poles all bunched up in places where the sun don’t shine.
seriously.
When an employee is hired for a position, you are ask in your application “Are you able to accomplish the tasks described in the job description?”… She obviously answered yes, since she got the job…
You can not pick and choose what book you will check out to people, you can’t pick and choose what book you will or will not promote for the library… Otherwise they would never be able to have a steady employee… If she worked at my company I would have fired her for dereliction of duty.
This whole Harry Potter and christian thing is just crap… christians have made a mockery of the Pagan religion, slandered our holidays (Yule, Samhain/Halloween, Easter…) and still when wiccans, Pagans, or witches finally get a movie/book for them, the christians have a golden calf…
I think it’s all quite entertaining!
The road goes both ways, if we want religious freedom, and don’t want to get fired from our jobs because we are wiccan/Pagan, than a southern bapist should have the same rights. I hope she sues and wins, too. Now, I planned a Harry Potter themed Samhain about 3 years ago. My coven and I had a blast, but I can see how other people that feel that witchcraft is evil in the eyes of god would not want to attend such a party. Equallity, means equal for all!
AMEM to that Amethyst.
You hit the nail on the head. For some reason most Americans think that equality is only for their belief and anyone that disagrees is Wrong.
The issue to me isn’t whether Harry Potter is fiction or not—it Is as several pointed out: ALL should be free not to violate their conscience, their beliefs. IF xtians believe paganism/wiccan is “fiction” or heresy or devil worship—that doesn’t give them the right to fire or discipline someone for believing in them. And vice versa, Harry Potter is fiction (The best fiction I have ever read!) but she finds it offensive and that is HER right, the same as it is my right to believe Rowling and Harry Potter are absolutely brilliant. Everyone should have the right to worship as they please (including not participating in things they feel are against their religion) or to not worship/ believe anything. And they should not be punished for following their belief—she shouldn’t have been punished for choosing not to participate and a pagan/ wiccan should not be punished if they choose not to participate in a xtian worship service for Easter or Christmas. I personally think that the conservative xtians are foolish in their attitude toward Harry Potter-and having formally been a Pentecostal (or Holy Roller) I’m aware of their reasoning and think they are getting overwrought over nothing but I also think they have the right to believe whatever they choose as long as they don’t push it down others’ throats. And she didn’t try to push her belief on the library by saying “You can’t have this party in a PUBLIC library that my tax dollars support because you are promoting something I believe is evil! I am going to sue you to keep the party from happening!” She simply refused to participate. Bad call by the library.