still waiting for concrete examples
Vance R. Koven
vrkoven at gmail.com
Mon Jun 22 17:37:11 PDT 2009
To say nothing of a race discrimination case, since this condition
apparently primarily affects African Americans.
Is this where the phrase "too clever by half" comes in?
Vance
On Mon, Jun 22, 2009 at 8:29 PM, Steven Jamar <stevenjamar at gmail.com> wrote:
> well, out of rfra and into ada? since it is a medical necessity not to
> shave, the state runs into ada. it would seem that a closely cropped beard
> would meet the medical need as opposed to a long beard which could be a
> bigger problem.
> steve
>
> On Mon, Jun 22, 2009 at 8:24 PM, <ArtSpitzer at aol.com> wrote:
>
>>
>>
>>
>> It would have been very hard to prove the Department's bad motivation.
>> The Fire Department would have argued that our case made it reexamine the
>> facial hair issue, and it concluded that safety required everyone to be
>> clean-shaven. (That's essentially what it did say.)
>> And I'm not so sure that issuing a religion-neutral regulation because
>> your lawyer advises you that if you continue to make medical exceptions
>> you'll also have to make religious exceptions makes the regulation
>> non-neutral. It's not as if there was no support for the Department's
>> safety argument. There was support.
>>
>> Art Spitzer
>>
>>
>> **************
>> An Excellent Credit Score is 750. See Yours in Just 2 Easy Steps! (
>> http://pr.atwola.com/promoclk/100126575x1221823273x1201398689/aol?redir=http://www.freecreditreport.com/pm/default.aspx?sc=668072&hmpgID=62&bcd=JuneExcfooterNO62)
>>
>>
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>
>
>
> --
> Prof. Steven Jamar
> Howard University School of Law
> Associate Director, Institute of Intellectual Property and Social Justice
> (IIPSJ) Inc.
>
> _______________________________________________
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--
Vance R. Koven
Boston, MA USA
vrkoven at world.std.com
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