Check out Biologist fired for beliefs, suit says - The Boston Globe

[Steven Jamar]

Does it matter why the person does not accept evolution if part of the job
is to study the evolution of whales?  The variability of zebrafish in
response to environmental pressures?  The genetic and evolutionary links
between zebrafish and other fish (e.g., building a zebrafish evolutionary
tree)?
If the purpose of the company is to study evolution, can a person get a pass
by asserting a belief against it is based on religion?

I guess I don't see it here.

For many jobs accepting the evolution paradigm would not be relevant -- like
teaching copyright law -- but for some it certainly is a BFOQ.

But how about the person who says like on Mythbusters: "I reject your
reality and substitute my own", but adds, "But while you pay me I will treat
your reality as if it were real.  I will use the standard biological
evolution paradigm for you, but will continue to think it is the wrong
paradigm and will also use the evidence I gather to support the young-earth
creation paradigm."

Could this person still be fired without violating the rules against
discrimination on the basis of religion?

Steve


On 12/7/07, masinter at nova.edu <masinter at nova.edu> wrote:
>
> Although the facts are not as clear as one would hope, I see little
> evidence in the story that would substantiate a charge of religious
> discrimination or of failure to reasonably accommodate religious
> observances and practices.  The complaining party was hired as a postdoc
> for research into the developmental biology of zebrafish; for background,
> see
>
> http://scienceblogs.com/pharyngula/2007/12/slackjawed_creationist_surpris.php
> and from our moderator's blog,
> http://volokh.com/archives/archive_2007_12_02-2007_12_08.shtml#1197041977
>
>
> If this statement is true, it would seem dispositive:
>
>      "...you have indicated that you do not recognize the concept of
> biological evolution and you would not agree to include a full discussion
> of the evolutionary implications and interpretations of our research in
> any co-authored publications resulting from this work," Hahn wrote in the
> letter, which the commission provided to the Globe. "This position is
> incompatible with the work as proposed to NIH and with my own vision of
> how it should be carried out and interpreted."
>
> Of course the facts may turn out to be quite different, but on the surface
> there is little to suggest unlawful discrimination, and given the no cause
> finding preceding the litigation, some reason to wonder whether Rule 11
> sanctions may be in play.
>
> Michael R. Masinter                     3305 College Avenue
> Professor of Law                        Fort Lauderdale, FL 33314
> Nova Southeastern University            (954) 262-6151 (voice)
> Shepard Broad Law Center                (954) 262-3835 (fax)
> masinter at nova.edu                       Chair, ACLU of Florida Legal Panel
>
>
>
> Quoting Joel Sogol <jlsatty at wwisp.com>:
>
> > Click
> > <
> http://www.boston.com/news/local/articles/2007/12/07/biologist_fired_for_be
> > liefs_suit_says/>  here: Biologist fired for beliefs, suit says - The
> Boston
> > Globe
> >
> >
> >
> >
> >
> >
> >
> > Joel L. Sogol
> >
> > 811 21st Ave.
> >
> > Tuscaloosa, ALabama  35401
> >
> > ph (205) 345-0966
> >
> > fx (205) 345-0971
> >
> > email:  jlsatty at wwisp.com
> >
> >
> >
> > Ben Franklin observed that truth wins a fair fight - which is why we
> have
> > evidence rules in U.S. courts.
> >
> >
> >
> > ,_._,___
> >
> >
>
>
>
>
> _______________________________________________
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>



-- 
Prof. Steven Jamar
Howard University School of Law
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