Walmart Firing Of Anti-Gay Employee Justified

[TampaYankee]

Walmart Firing Of Anti-Gay Employee Justified, Appeals Court Rules

First Posted: 04/ 6/11 04:00 PM ET Updated: 04/ 6/11 04:00 PM ET

An appellate court has ruled that Walmart did not discriminate against the religious freedoms of an employee by firing the woman for caustic anti-gay remarks directed at a homosexual coworker.

In September of 2005, a lesbian employee of a suburban Chicago Walmart was approached by her colleague, Tanisha Matthews. During a break in the overnight shift, Matthews began shouting at the woman, given only as Amy in court documents.

From the Seventh Circuit Court Ruling:

"Over the next three months, Wal-Mart investigated the incident by interviewing and obtaining statements from employees who were present during the conversation. In her statement, Amy reported that Matthews was ’screaming over her’ that God does not accept gays, they should not ’be on earth,’ and they will ’go to hell’ because they are not ’right in the head.’ Five other employees confirmed that Matthews had said that gays are sinners and are going to hell."

After the investigation, the Joliet, Illinois Walmart dismissed Matthews for violating the chain's non-discrimination policy, writes Edge Chicago, a blog that covers LGBT issues.

Matthews, an Apostolic Christian, responded by filing suit against the company, claiming that her religious beliefs -- which, apparently, include vitriolic hatred for gays -- were violated in her firing, Gay City News reports.

But the Court was unmoved. Walmart “fired [Matthews] because she violated company policy when she harassed a coworker, not because of her beliefs,” the judges wrote, as excerpted in the Chicago Sun-Times. And since her actions were a violation of the company's harassment policy, it was within its rights in dismissing her.

From a legal standpoint, the ruling upholds the courts' trend of allowing employers, and not employees, to set the standard for acceptable speech on the job.

See original article at:http://www.huffingtonpost.com/2011/04/06/walmart-firing-anti-gay-worker_n_845716.html

[TampaYankee]

Judge Rules That Pro-Gay Marriage Group Can Canvass Outside Of Target Stores

By JULIE WATSON 04/ 8/11 12:30 AM ET

SAN DIEGO -- A judge ruled Thursday that a San Diego pro-gay marriage group can continue canvassing outside of Target stores in California, but the group's volunteers must stay 30 feet away from store entrances and canvass at just one entrance at a time.

The Minnesota-based retail giant had sought an injunction barring the activists from every outlet in the state, alleging they harass customers by cornering them near store entrances to discuss gay marriage, solicit donations and collect signatures on petitions.

Rights advocates have warned that the legal battle between Target and Canvass For A Cause could further damage the retailer's already strained relations with the gay and lesbian community.

Canvass For A Cause director Tres Watson called Thursday's ruling a win for not only his organization, but also for free speech.

"I think this is a victory for every American that cherishes our fundamental values," he said.

Superior Court Judge Jeffrey Barton said some Target stores may fall under California's law that considers shopping centers to be public forums. Also, canvassing over the last year occurred mainly without incident and Target failed to demonstrate that customers were being harassed, he said.

"Target has not met its burden to show that its blanket policy to ban all solicitors at all stores in California is proper," he wrote.

The corporation has said at least eight Target stores in the San Diego area have received more than a dozen complaints daily since canvassers started working the locations in October 2010. The activists have refused to leave when asked politely and shown the company's policy prohibiting "expressive activity" on its property, Target said.

During a court hearing last month in San Diego, Barton asked Target's Los Angeles-based attorney David McDowell why the company didn't present testimony from customers who the company said had complained.

McDowell said the testimony could have been obtained, but he didn't think it was necessary since the complaints weren't the central issue. The case was about Target's right to enforce its rules on its land, he said.

"The question is Target's property right and its right to exclude," McDowell said.

Target Corp. said in a statement Thursday that the legal action was "to provide a distraction-free shopping environment for our guests."

"Target's long-standing policy is that we do not permit solicitation or petitioning at our stores regardless of the cause or issue being represented," the company said.

Barton warned the San Diego group to be respectful and to not block the flow of traffic. The restriction to canvass at just one entrance at a time was to ensure that customer access wasn't impeded, he said in the ruling.

Watson said the constraints wouldn't affect the group's work because volunteers don't follow people into stores or block store entrances.

Target was seen as an ally of the gay and lesbian community before it made a $150,000 donation to a business group backing Minnesota Republican candidate Tom Emmer, an opponent of gay marriage who lost last year's governor's race to Democrat Mark Dayton.

The company later apologized for the hurt feelings and tried to repair its image by creating a committee to help scrutinize its decisions on donations.

Target also negotiated a deal with Lady Gaga to sell a special edition of her upcoming album in a partnership Gaga said was tied to their "reform" – supporting the gay community and making up for past mistakes. The singer cancelled the deal a few weeks ago.

See origin article at:

http://www.huffingtonpost.com/2011/04/08/target-gay-marriage-judge-rules-canvass_n_846480.html

[Guest BeachBoy]

Both are good? I guess? I'm just tired of Christians saying hateful things and hiding behind their religion, and this ruling won't stop anyone from doing the same. And while I respect Lady Gaga's support of gay rights, no one hired her to be the spokesperson for the cause.

[Guest zipperzone]

Both are good? I guess? I'm just tired of Christians saying hateful things and hiding behind their religion, and this ruling won't stop anyone from doing the same. And while I respect Lady Gaga's support of gay rights, no one hired her to be the spokesperson for the cause.

No wonder Lady Gaga is supportive of gay rights - who else would comprise the largest portion of her fan base?

[Guest BeachBoy]

No wonder Lady Gaga is supportive of gay rights - who else would comprise the largest portion of her fan base?

Yeah, but she seems more sincere and serious about it than most gay icons (particularly of yore). I don't know, maybe if they were starting out now they'd be more vocal as well?