Source: The American Legion
Washington, D.C. - October 7, 2017 (The Ponder News) -- The leader of the nation’s largest veterans organization characterized professional athletes and other Americans who fail to show respect for the national anthem as “misguided and ungrateful.”
American Legion National Commander Denise H. Rohan lamented the politicization of what used to be a display of unity at NFL games and other sporting events throughout the country.
“The American Legion is one of the original architects of the U.S. Flag Code,” said Rohan, a U.S Army veteran. “That code was produced by 69 patriotic, fraternal civic and military organizations in 1923. It included members of all political parties, big labor, industry, and minorities. The code calls on all present to stand at attention while the anthem is played. It wasn’t political when it was written and it shouldn’t be political today. Having a right to do something, does not make it the right thing to do. We salute Army Ranger Alejandro Villanueva, who stood alone respecting the flag as his teammates stayed in their locker room. NASCAR also deserves credit for their support of our anthem. There are many ways to protest, but the national anthem should be our moment to stand together as one UNITED States of America.”
With a current membership of two million wartime veterans, The American Legion, www.legion.org, was founded in 1919 on the four pillars of a strong national security, veterans affairs, Americanism, and youth programs. Legionnaires work for the betterment of their communities through nearly 13,000 posts across the nation.
The Unpopular Truth
Saturday, October 7, 2017
Treasury Recommendations Would Strengthen Banks’ Role in Financial Marketplace
Source: American Bankers Association
“The recommendations in today’s Treasury report are practical, reasonable and achievable. Building on the Treasury’s pro-growth report in June, these recommendations would promote economic growth by enhancing banks’ ability to serve their customers and reinforcing our industry’s role in supporting well-functioning financial markets.
“Treasury acknowledges the economic benefits gained by better focusing regulatory provisions to make them more workable. Key recommendations include broadening liquidity measures, better aligning capital requirements with securitization risks, facilitating banks’ ability to use swaps to manage their customers’ risks, and bringing more public transparency to global financial standard setting to ensure standards match the realities of U.S. markets.
“Many of the recommendations in the report would make it easier to raise capital, meet the needs of bank customers operating domestically and abroad, and focus regulatory processes on effective supervision without harming the economy. We encourage policymakers to take up these recommendations quickly, and look forward to working with them to ensure banks can continue to help our customers and the economy grow.”
Related News:
Read the Treasury Press Release about the report HERE
“The recommendations in today’s Treasury report are practical, reasonable and achievable. Building on the Treasury’s pro-growth report in June, these recommendations would promote economic growth by enhancing banks’ ability to serve their customers and reinforcing our industry’s role in supporting well-functioning financial markets.
“Treasury acknowledges the economic benefits gained by better focusing regulatory provisions to make them more workable. Key recommendations include broadening liquidity measures, better aligning capital requirements with securitization risks, facilitating banks’ ability to use swaps to manage their customers’ risks, and bringing more public transparency to global financial standard setting to ensure standards match the realities of U.S. markets.
“Many of the recommendations in the report would make it easier to raise capital, meet the needs of bank customers operating domestically and abroad, and focus regulatory processes on effective supervision without harming the economy. We encourage policymakers to take up these recommendations quickly, and look forward to working with them to ensure banks can continue to help our customers and the economy grow.”
Related News:
Read the Treasury Press Release about the report HERE
ICBA Backs Bill Alleviating Harm from Preemption Ruling
Source: Independent Community Bankers Association (ICBA)
Washington, D.C. - October 6, 2017 (The Ponder News) -- ICBA and other organizations expressed support for legislation to codify the longstanding legal principle that if a loan is valid when it is made with respect to its interest rate, then it does not become invalid or unenforceable when assigned to another party.
The “valid-when-made” doctrine was undermined by the Madden v. Midland Funding case, in which the Second Circuit decided that state usury laws apply to debt purchased from a national bank.
The Protecting Consumers’ Access to Credit Act of 2017 (S. 1642 and H.R. 3299) would alleviate the uncertainty that ruling injected into the secondary markets for consumer and commercial credit, which has resulted in increased costs and decreased competition.
The bill was introduced by Sens. Pat Toomey (R-Pa.) and Mark Warner (D-Va.) and Reps. Patrick McHenry (R-N.C.) and Gregory Meeks (D-N.Y.).
ICBA has long supported the bill and disagrees with the Second Circuit ruling, arguing in a 2015 amicus brief that the decision conflicts with established precedent that preemption rights are not extinguished when banks sell or assign loans to another party.
Washington, D.C. - October 6, 2017 (The Ponder News) -- ICBA and other organizations expressed support for legislation to codify the longstanding legal principle that if a loan is valid when it is made with respect to its interest rate, then it does not become invalid or unenforceable when assigned to another party.
The “valid-when-made” doctrine was undermined by the Madden v. Midland Funding case, in which the Second Circuit decided that state usury laws apply to debt purchased from a national bank.
The Protecting Consumers’ Access to Credit Act of 2017 (S. 1642 and H.R. 3299) would alleviate the uncertainty that ruling injected into the secondary markets for consumer and commercial credit, which has resulted in increased costs and decreased competition.
The bill was introduced by Sens. Pat Toomey (R-Pa.) and Mark Warner (D-Va.) and Reps. Patrick McHenry (R-N.C.) and Gregory Meeks (D-N.Y.).
ICBA has long supported the bill and disagrees with the Second Circuit ruling, arguing in a 2015 amicus brief that the decision conflicts with established precedent that preemption rights are not extinguished when banks sell or assign loans to another party.
Friday, October 6, 2017
ACLU STATEMENT ON DOJ RESCINDING TITLE VII PROTECTIONS FOR TRANSGENDER WORKERS
Source: American Civil Liberties Union (ACLU)
Washington, D.C. - October 6, 2017 (The Ponder News) -- Attorney General Jeff Sessions reversed a federal government policy yesterday that clarified that transgender people are protected from sex discrimination in the workplace under Title VII.
James Esseks, director of the American Civil Liberties Union’s LGBT & HIV Project, issued the following statement:
“Today marks another low point for a Department of Justice, which has been cruelly consistent in its hostility towards the LGBT community and in particular its inability to treat transgender people with basic dignity and respect.
“This Department of Justice under Jeff Sessions has time and time again made it clear that its explicit agenda is to attack and undermine the civil rights of our most vulnerable communities, rather than standing up for them as they should be doing.
“Discrimination against transgender people is sex discrimination, just as DOJ recognized years ago. We are confident that the courts will continue to agree and will reject the politically driven decision by Attorney General Sessions.”
Washington, D.C. - October 6, 2017 (The Ponder News) -- Attorney General Jeff Sessions reversed a federal government policy yesterday that clarified that transgender people are protected from sex discrimination in the workplace under Title VII.
James Esseks, director of the American Civil Liberties Union’s LGBT & HIV Project, issued the following statement:
“Today marks another low point for a Department of Justice, which has been cruelly consistent in its hostility towards the LGBT community and in particular its inability to treat transgender people with basic dignity and respect.
“This Department of Justice under Jeff Sessions has time and time again made it clear that its explicit agenda is to attack and undermine the civil rights of our most vulnerable communities, rather than standing up for them as they should be doing.
“Discrimination against transgender people is sex discrimination, just as DOJ recognized years ago. We are confident that the courts will continue to agree and will reject the politically driven decision by Attorney General Sessions.”
WASHINGTON STATE PARENT SUES EMPLOYER FOR DENYING INSURANCE COVERAGE TO TRANSGENDER SON
Source: American Civil Liberties Union (ACLU)
Seattle, WA - October 6, 2017 (The Ponder News) -- The ACLU of Washington filed a civil rights lawsuit today against PeaceHealth, a Catholic healthcare organization, on behalf of Cheryl Enstad and her teenage son, Pax, for denying coverage under its health benefits plan for medically necessary surgery to Pax simply because of who he is. The suit says that PeaceHealth’s policy of refusing to cover medical care required by transgender people is discrimination and violates federal and state law.
Pax Enstad is a boy who is transgender, meaning that while the sex assigned to him at birth was female, he has a male gender identity. He was diagnosed with gender dysphoria, a serious medical condition marked by persistent and clinically significant distress caused by incongruence between an individual’s gender identity and that individual’s sex designated at birth.
Gender dysphoria is a condition codified in the Diagnostic and Statistical Manual of Mental Disorders (DSM-V) and International Classification of Diseases (ICD-10). To treat Pax’s gender dysphoria, Pax’s doctor prescribed chest reconstruction surgery.
PeaceHealth refused to cover the surgery, citing a policy of excluding all “transgender services.” The lawsuit asserts PeaceHealth’s blanket policy of refusing to pay for medically necessary healthcare for otherwise covered transgender individuals simply because of who they are discriminates on the basis of sex and gender identity, violates the Patient Protection and Affordable Care Act (ACA) and the Washington Law Against Discrimination (WLAD), and is harmful to the health of transgender individuals.
“PeaceHealth’s blanket of exclusion of ‘transgender services’ is not based on standards of medical care,” said ACLU-WA Staff Attorney Lisa Nowlin. “This is discrimination, and it is plainly illegal. Under state and federal law, no company is allowed to single out and exclude one group of individuals from medical care that is prescribed for them by their doctors and that the company routinely provides for others.”
In the past, some public and private insurance companies excluded coverage for gender dysphoria (or “transition-related care”) based on the erroneous assumption that such treatments were cosmetic or experimental. Today, however, every major medical organization recognizes that such exclusions have no basis in medical science and that transition-related care is effective for the treatment of gender dysphoria.
Discrimination by healthcare providers routinely causes transgender people to delay or forgo preventative and necessary medical care, putting them at greater risk for illnesses and increasing their risk of suicide.
If left untreated, gender dysphoria can lead to debilitating anxiety, depression, self-harm, and even suicide. Pax suffered from debilitating depression and anxiety as a result of gender dysphoria that began at age 11, when he started to enter puberty. His grades at school fell; he was unable to participate in activities such as swimming and athletics; he wore several layers of clothing to hide his chest from view; and he eventually avoided going outside altogether. Pax’s gender dysphoria became so severe that he had to wear a binder to flatten his chest 24 hours a day.
As a result of PeaceHealth’s exclusion for “transgender services,” Cheryl Enstad and her husband were forced to take a second mortgage on their house and use some of Pax’s college savings funds to pay over $10,000 out-of-pocket for the chest-reconstruction surgery prescribed to Pax by his doctor.
“We were willing to do whatever it took to get Pax the medical care he needed — as any parent would,” Cheryl Enstad said. “When your child is singled out and rejected simply for being themselves, it’s heartbreaking, and it isn’t fair. We’re bringing this lawsuit to ensure no family has to go through what we did.”
The lawsuit asks the court to declare PeaceHealth’s blanket exclusion of “transgender services” discriminatory and illegal. It also seeks unspecified damages for the Plaintiffs.
The lawsuit, Enstad v. PeaceHealth, was filed in U.S. District Court in the Western District of Washington. PeaceHealth operates 70 sites in Washington, Oregon, and Alaska and has approximately 16,000 employees.
In addition to Nowlin, attorneys for the Enstads include Josh Block and Leslie Cooper with the ACLU LGBT & HIV Project and Denise Diskin and Beth Touschner of Teller & Associates.
Seattle, WA - October 6, 2017 (The Ponder News) -- The ACLU of Washington filed a civil rights lawsuit today against PeaceHealth, a Catholic healthcare organization, on behalf of Cheryl Enstad and her teenage son, Pax, for denying coverage under its health benefits plan for medically necessary surgery to Pax simply because of who he is. The suit says that PeaceHealth’s policy of refusing to cover medical care required by transgender people is discrimination and violates federal and state law.
Pax Enstad is a boy who is transgender, meaning that while the sex assigned to him at birth was female, he has a male gender identity. He was diagnosed with gender dysphoria, a serious medical condition marked by persistent and clinically significant distress caused by incongruence between an individual’s gender identity and that individual’s sex designated at birth.
Gender dysphoria is a condition codified in the Diagnostic and Statistical Manual of Mental Disorders (DSM-V) and International Classification of Diseases (ICD-10). To treat Pax’s gender dysphoria, Pax’s doctor prescribed chest reconstruction surgery.
PeaceHealth refused to cover the surgery, citing a policy of excluding all “transgender services.” The lawsuit asserts PeaceHealth’s blanket policy of refusing to pay for medically necessary healthcare for otherwise covered transgender individuals simply because of who they are discriminates on the basis of sex and gender identity, violates the Patient Protection and Affordable Care Act (ACA) and the Washington Law Against Discrimination (WLAD), and is harmful to the health of transgender individuals.
“PeaceHealth’s blanket of exclusion of ‘transgender services’ is not based on standards of medical care,” said ACLU-WA Staff Attorney Lisa Nowlin. “This is discrimination, and it is plainly illegal. Under state and federal law, no company is allowed to single out and exclude one group of individuals from medical care that is prescribed for them by their doctors and that the company routinely provides for others.”
In the past, some public and private insurance companies excluded coverage for gender dysphoria (or “transition-related care”) based on the erroneous assumption that such treatments were cosmetic or experimental. Today, however, every major medical organization recognizes that such exclusions have no basis in medical science and that transition-related care is effective for the treatment of gender dysphoria.
Discrimination by healthcare providers routinely causes transgender people to delay or forgo preventative and necessary medical care, putting them at greater risk for illnesses and increasing their risk of suicide.
If left untreated, gender dysphoria can lead to debilitating anxiety, depression, self-harm, and even suicide. Pax suffered from debilitating depression and anxiety as a result of gender dysphoria that began at age 11, when he started to enter puberty. His grades at school fell; he was unable to participate in activities such as swimming and athletics; he wore several layers of clothing to hide his chest from view; and he eventually avoided going outside altogether. Pax’s gender dysphoria became so severe that he had to wear a binder to flatten his chest 24 hours a day.
As a result of PeaceHealth’s exclusion for “transgender services,” Cheryl Enstad and her husband were forced to take a second mortgage on their house and use some of Pax’s college savings funds to pay over $10,000 out-of-pocket for the chest-reconstruction surgery prescribed to Pax by his doctor.
“We were willing to do whatever it took to get Pax the medical care he needed — as any parent would,” Cheryl Enstad said. “When your child is singled out and rejected simply for being themselves, it’s heartbreaking, and it isn’t fair. We’re bringing this lawsuit to ensure no family has to go through what we did.”
The lawsuit asks the court to declare PeaceHealth’s blanket exclusion of “transgender services” discriminatory and illegal. It also seeks unspecified damages for the Plaintiffs.
The lawsuit, Enstad v. PeaceHealth, was filed in U.S. District Court in the Western District of Washington. PeaceHealth operates 70 sites in Washington, Oregon, and Alaska and has approximately 16,000 employees.
In addition to Nowlin, attorneys for the Enstads include Josh Block and Leslie Cooper with the ACLU LGBT & HIV Project and Denise Diskin and Beth Touschner of Teller & Associates.
Addressing gun violence in America
Source: American Bar Association
Washington, D.C. - October 6, 2017 (The Ponder News) -- The American Bar Association joins our country in mourning the innocent people who lost their lives in Las Vegas and our sympathies go out to all those who were injured and traumatized by this pointless attack.
In the aftermath of yet another tragic mass shooting in America, more than sympathy is needed. The ABA will rededicate its efforts to facilitate changes to stop senseless gun deaths.
Legal experts from all backgrounds agree this can be done through sensible regulations, legislation and widespread education that can protect the safety of individuals and their constitutional rights. And the ABA is working with a broad coalition of medical societies and health organizations to address gun violence as a critical public health problem.
Effective and constitutional solutions exist. It is past time to work together to enact them.
Go to www.abalegalfactcheck.com for the ABA’s new feature that cites case and statutory law and other legal precedents to distinguish legal fact from fiction.
With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.
Washington, D.C. - October 6, 2017 (The Ponder News) -- The American Bar Association joins our country in mourning the innocent people who lost their lives in Las Vegas and our sympathies go out to all those who were injured and traumatized by this pointless attack.
In the aftermath of yet another tragic mass shooting in America, more than sympathy is needed. The ABA will rededicate its efforts to facilitate changes to stop senseless gun deaths.
Legal experts from all backgrounds agree this can be done through sensible regulations, legislation and widespread education that can protect the safety of individuals and their constitutional rights. And the ABA is working with a broad coalition of medical societies and health organizations to address gun violence as a critical public health problem.
Effective and constitutional solutions exist. It is past time to work together to enact them.
Go to www.abalegalfactcheck.com for the ABA’s new feature that cites case and statutory law and other legal precedents to distinguish legal fact from fiction.
With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.
EQUIFAX’S FORMER CEO ADMITS THE COMPANY CONTINUES TO PURSUE “LEGALLY VIABLE” FORCED ARBITRATION
Source: American Association for Justice
Washington, D.C. - October 6, 2017 (The Ponder News) -- Appearing before the Senate Committee on Banking, Housing, and Urban Affairs today, former Equifax Chairman and CEO Richard F. Smith admitted that since it’s a “legally viable path,” the company still pursues forced arbitration. This admission comes just weeks after Equifax abruptly removed the forced arbitration clause, after massive public outcry, that prevented victims of Equifax’s recent date breach from pursuing justice in court. These efforts to strip consumers of their rights could be stopped altogether if the U.S. Senate were to allow the Consumer Financial Protection Bureau’s (CFPB) forced arbitration rule to go into effect.
“The fact that Equifax is still imposing forced arbitration on its customers, even after their data breach fiasco, further proves why we need to uphold the CFPB rule,” said American Association for Justice CEO Linda Lipsen. “Shame on Equifax for trying to push consumers into forced arbitration after enduring the largest data breach in U.S. history, but it shouldn’t be legal for Equifax to try such a move in the first place.”
Last month it was revealed that 143 million consumers (roughly 40% of all Americans) had their personal information stolen in a massive data breach. Once it became public that Equifax was trying to steer these victims into forced arbitration, the company quickly withdrew the arbitration clause and blamed its existence on a technical error. Smith’s admission proves that unless the CFPB rule exists, companies like his will continue to use forced arbitration to deny their customers access to justice, putting the American public at the mercy of financial institutions and Wall Street banks.
“We’ve seen that when consumers lose their rights, companies like Equifax and Wells Fargo are going to take advantage of them,” concluded Lipsen. “When banks and credit reporting agencies break the law and rip off their customers, Americans should have the choice as to how to hold the corporation accountable.”
Yesterday, Wells Fargo CEO Tim Sloan appeared in front of the same Senate Committee and repeatedly lied about the corporation’s continued use of forced arbitration, drawing further attention to the need for CFPB’s rule.
Washington, D.C. - October 6, 2017 (The Ponder News) -- Appearing before the Senate Committee on Banking, Housing, and Urban Affairs today, former Equifax Chairman and CEO Richard F. Smith admitted that since it’s a “legally viable path,” the company still pursues forced arbitration. This admission comes just weeks after Equifax abruptly removed the forced arbitration clause, after massive public outcry, that prevented victims of Equifax’s recent date breach from pursuing justice in court. These efforts to strip consumers of their rights could be stopped altogether if the U.S. Senate were to allow the Consumer Financial Protection Bureau’s (CFPB) forced arbitration rule to go into effect.
“The fact that Equifax is still imposing forced arbitration on its customers, even after their data breach fiasco, further proves why we need to uphold the CFPB rule,” said American Association for Justice CEO Linda Lipsen. “Shame on Equifax for trying to push consumers into forced arbitration after enduring the largest data breach in U.S. history, but it shouldn’t be legal for Equifax to try such a move in the first place.”
Last month it was revealed that 143 million consumers (roughly 40% of all Americans) had their personal information stolen in a massive data breach. Once it became public that Equifax was trying to steer these victims into forced arbitration, the company quickly withdrew the arbitration clause and blamed its existence on a technical error. Smith’s admission proves that unless the CFPB rule exists, companies like his will continue to use forced arbitration to deny their customers access to justice, putting the American public at the mercy of financial institutions and Wall Street banks.
“We’ve seen that when consumers lose their rights, companies like Equifax and Wells Fargo are going to take advantage of them,” concluded Lipsen. “When banks and credit reporting agencies break the law and rip off their customers, Americans should have the choice as to how to hold the corporation accountable.”
Yesterday, Wells Fargo CEO Tim Sloan appeared in front of the same Senate Committee and repeatedly lied about the corporation’s continued use of forced arbitration, drawing further attention to the need for CFPB’s rule.
American Action Network Statement on House Budget Resolution
Source: American Action Network
American Action Network (@AAN) Executive Director Corry Bliss released the following statement upon passage of H. Con. Res. 71, the House Republican FY 2018 budget resolution:
“Today, conservatives took a crucial step in the process of delivering tax reform that will lower rates for working families and job creators. House conservatives passed a budget resolution that not only restores fiscal responsibility in Washington but most notably, it paves the way for pro-growth tax reform. This is exactly the kind of leadership that is needed to ensure middle-class families see a simpler, fairer tax code with lower rates. Congress must keep pushing forward, working families across this country deserve relief.”
In August, American Action Network launched the Middle-Class Growth Initiative (MCGI), a special project to advocate for the passage of meaningful tax reform legislation. The multi-pronged campaign, now totaling $10 million, has included advertising on television, radio, direct mail and mobile billboards across over 40 congressional districts nationwide.
American Action Network (@AAN) Executive Director Corry Bliss released the following statement upon passage of H. Con. Res. 71, the House Republican FY 2018 budget resolution:
“Today, conservatives took a crucial step in the process of delivering tax reform that will lower rates for working families and job creators. House conservatives passed a budget resolution that not only restores fiscal responsibility in Washington but most notably, it paves the way for pro-growth tax reform. This is exactly the kind of leadership that is needed to ensure middle-class families see a simpler, fairer tax code with lower rates. Congress must keep pushing forward, working families across this country deserve relief.”
In August, American Action Network launched the Middle-Class Growth Initiative (MCGI), a special project to advocate for the passage of meaningful tax reform legislation. The multi-pronged campaign, now totaling $10 million, has included advertising on television, radio, direct mail and mobile billboards across over 40 congressional districts nationwide.
Michigan funeral home asks appeals court to uphold respectful dress code for employees
by: Alliance Defending Freedom
Cincinnati, OH - October 6, 2017 (The Ponder News) -- A federal court ruled last year in favor of the funeral home, which the Equal Employment Opportunity Commission sued over the discharge of an employee who refused to comply with a requirement to dress in a manner sensitive to grieving family members and friends. The EEOC appealed the decision. ADF attorneys represent R.G. & G.R. Harris Funeral Homes, which has locations in Detroit, Garden City, and Livonia.
The EEOC’s appeal seeks to force the business’s owner to allow a biologically male employee to wear a female uniform while interacting with the public. The district court ruled that the federal Religious Freedom Restoration Act protects the freedom of the business to maintain a dress code consistent with its sincerely held faith convictions.
“The government should respect the freedoms of those who wish to respectfully serve the grieving and vulnerable,” said Wardlow. “The federal government shouldn’t use employment law to strong-arm private business owners into violating their religious beliefs. The district court was right to affirm this, and we will vigorously encourage the 6th Circuit to uphold that ruling.”
The funeral home hired the male employee as a funeral director and embalmer at its Garden City location in 2007. Funeral directors at the company regularly interact with the public, including grieving family members and friends. After informing the funeral home of an intention to begin dressing as a female at work, the employee was dismissed for refusing to comply with the same company dress code that all other employees are required to follow while on the job.
As the U.S. District Court for the Eastern District of Michigan acknowledged in its opinion and order in the case, Equal Employment Opportunity Commission v. R.G. & G.R. Harris Funeral Homes, the company’s sole corporate officer and majority owner, Thomas Rost, is a Christian whose faith informs the way he operates his business and how he serves those who are deeply grieved by the loss of a loved one. Not only would Rost be violating his faith if he were to pay for and otherwise permit his employees to dress as members of the opposite sex while serving the grieving, the employee dress policy is intentionally sensitive to interaction with customers at an especially delicate time of their lives.
ADF attorneys argued that the funeral home did not violate Title VII, the federal law that prohibits sex discrimination in employment, and is, in fact, protected by RFRA, which says that the government cannot force someone like Rost to violate his faith unless it demonstrates that doing so is the “least restrictive means” of furthering a “compelling government interest.” The district court agreed that the EEOC’s actions violate RFRA.
Cincinnati, OH - October 6, 2017 (The Ponder News) -- A federal court ruled last year in favor of the funeral home, which the Equal Employment Opportunity Commission sued over the discharge of an employee who refused to comply with a requirement to dress in a manner sensitive to grieving family members and friends. The EEOC appealed the decision. ADF attorneys represent R.G. & G.R. Harris Funeral Homes, which has locations in Detroit, Garden City, and Livonia.
The EEOC’s appeal seeks to force the business’s owner to allow a biologically male employee to wear a female uniform while interacting with the public. The district court ruled that the federal Religious Freedom Restoration Act protects the freedom of the business to maintain a dress code consistent with its sincerely held faith convictions.
“The government should respect the freedoms of those who wish to respectfully serve the grieving and vulnerable,” said Wardlow. “The federal government shouldn’t use employment law to strong-arm private business owners into violating their religious beliefs. The district court was right to affirm this, and we will vigorously encourage the 6th Circuit to uphold that ruling.”
The funeral home hired the male employee as a funeral director and embalmer at its Garden City location in 2007. Funeral directors at the company regularly interact with the public, including grieving family members and friends. After informing the funeral home of an intention to begin dressing as a female at work, the employee was dismissed for refusing to comply with the same company dress code that all other employees are required to follow while on the job.
As the U.S. District Court for the Eastern District of Michigan acknowledged in its opinion and order in the case, Equal Employment Opportunity Commission v. R.G. & G.R. Harris Funeral Homes, the company’s sole corporate officer and majority owner, Thomas Rost, is a Christian whose faith informs the way he operates his business and how he serves those who are deeply grieved by the loss of a loved one. Not only would Rost be violating his faith if he were to pay for and otherwise permit his employees to dress as members of the opposite sex while serving the grieving, the employee dress policy is intentionally sensitive to interaction with customers at an especially delicate time of their lives.
ADF attorneys argued that the funeral home did not violate Title VII, the federal law that prohibits sex discrimination in employment, and is, in fact, protected by RFRA, which says that the government cannot force someone like Rost to violate his faith unless it demonstrates that doing so is the “least restrictive means” of furthering a “compelling government interest.” The district court agreed that the EEOC’s actions violate RFRA.
Statement on ALPA Pilots Assisting in Recent Hurricane Recovery Efforts
by The Air Line Pilots Association
Washington, D.C. - October 6, 2017 (The Ponder News) -- The Air Line Pilots Association, Int’l (ALPA) president Capt. Tim Canoll issued the following statement today after the latest efforts by ALPA pilots to assist in the aftermath of recent hurricanes that caused massive damage and displaced citizens across Texas, Florida, and Puerto Rico:
“Over the past several weeks, there have been numerous examples of pilots, airlines, and aviation employees working together to provide support to those impacted by hurricanes and flooding. The latest example took place today at Newark International Airport, where United Airlines pilots volunteered their time to fly a humanitarian mission composed of over 300 specialized union volunteers, as well as much-needed supplies, to Puerto Rico in order to assist in efforts to rebuild the U.S. territory.
“ALPA’s United pilots were instrumental in orchestrating this important flight, along with the AFL-CIO, the Association of Flight Attendants-CWA, and the International Association of Machinists and Aerospace Workers. I salute them all for their collective efforts and commitment to their fellow Americans.
“Every day, pilots usher passengers and cargo safely to destinations around the world, and during difficult times like these it’s heartening to see that professionalism and experience bring support and supplies to areas in need.
“We are grateful for all the ALPA pilots at numerous airlines who have dedicated their time and resources recently, and applaud their continuing efforts to lift up our profession and each other.”
Founded in 1931, ALPA is the largest airline pilot union in the world and represents over 57,000 pilots at 33 U.S. and Canadian airlines.
Washington, D.C. - October 6, 2017 (The Ponder News) -- The Air Line Pilots Association, Int’l (ALPA) president Capt. Tim Canoll issued the following statement today after the latest efforts by ALPA pilots to assist in the aftermath of recent hurricanes that caused massive damage and displaced citizens across Texas, Florida, and Puerto Rico:
“Over the past several weeks, there have been numerous examples of pilots, airlines, and aviation employees working together to provide support to those impacted by hurricanes and flooding. The latest example took place today at Newark International Airport, where United Airlines pilots volunteered their time to fly a humanitarian mission composed of over 300 specialized union volunteers, as well as much-needed supplies, to Puerto Rico in order to assist in efforts to rebuild the U.S. territory.
“ALPA’s United pilots were instrumental in orchestrating this important flight, along with the AFL-CIO, the Association of Flight Attendants-CWA, and the International Association of Machinists and Aerospace Workers. I salute them all for their collective efforts and commitment to their fellow Americans.
“Every day, pilots usher passengers and cargo safely to destinations around the world, and during difficult times like these it’s heartening to see that professionalism and experience bring support and supplies to areas in need.
“We are grateful for all the ALPA pilots at numerous airlines who have dedicated their time and resources recently, and applaud their continuing efforts to lift up our profession and each other.”
Founded in 1931, ALPA is the largest airline pilot union in the world and represents over 57,000 pilots at 33 U.S. and Canadian airlines.
Subscribe to:
Posts (Atom)