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| | The Pacific Union Conference Department of Public Affairs & Religious
Liberty And the North American Religious Liberty Association - West
Religious Liberty Newsflash!
September 26, 2007
Religious Discrimination Litigation Report
1. Todd Sturgill v. UPS case to be heard on appeal TODAY!!!
2. Equal Employment Opportunity Commission Files Lawsuit on Behalf of
Seventh-day Adventist
3. North American Division Litigation Committee Votes to File Lawsuit
Against Utah American Energy, Inc. on behalf of Adventist miner.
4. California Department of Fair Employment & Housing Settles Case on
Behalf of Undocumented Seventh-day Adventist
1. The Eighth Circuit U.S. Court of Appeals will hear arguments today in a
case of religious discrimination by UPS against Todd Sturgill, a former
driver who won a jury verdict of $311,166.75 last June after trial in
Federal District Court in Fayetteville, Arkansas. Sturgill had been a driver
for UPS for nineteen years when he joined the Seventh-day Adventist Church,
and faced the company's refusal to provide a religious accommodation. He was
fired in December of 2004. The jury's award included punitive damages, which
is believed to be the first time such damages have been awarded in a Sabbath
discrimination case. Readers are urged to take a moment to pray for Mr.
Sturgill and his family, and the attorneys who will be arguing his case on
appeal today, as well as for the judges who will be deciding the case. More
information about the case can be found at
http://news.adventist.org/data/2006/05/1151705755/index.html.en.
2. Last Monday, the Equal Employment Opportunity Commission filed a lawsuit
against Sierra Pacific Industries, one of the largest forest product
companies in the United States, on behalf of Luciano Cortez, a Seventh-day
Adventist. Mr. Cortez was fired more than two years ago when the employer
refused to accommodate him so that he could avoid Friday night shifts. Mr.
Cortez had found two of his fellow workers who were willing to work that
shift in his place, but the employer chose to fire him instead. The Pacific
Union Conference Department of Public Affairs & Religious Liberty has been
representing Mr. Cortez in proceedings before the EEOC, and encouraged the
agency to file this lawsuit. "We are very grateful to the EEOC for
representing Mr. Cortez, and appreciate their hard work and commitment to
protecting the civil rights of all Americans," said Alan J. Reinach, the
director of Public Affairs & Religious Liberty, on learning that the
decision had been made to file the suit.
3. While all Americans were praying for the safe recovery of the six miners
trapped in a Utah mine this summer, the North American Division Litigation
Committee was busy evaluating the case of one of the few African American
miners, an Adventist, who had suffered blatant discrimination from the same
mining company in the evening news, night after night, Utah American Energy,
Inc. Willie Ellington had been granted a religious accommodation for his
Sabbath observance for some time, but it was revoked when new management
took over the mine. He was demoted from his role as a safety officer and put
to work in a very physically demanding position, despite a severe shoulder
injury. After several months of discriminatory treatment, knowing that he
could be terminated at any time, but not knowing when, Mr. Ellington left to
take a job at another mine, where he would be able to resume his duties as a
safety officer, albeit for less pay. After meeting with Ellington, and doing
some legal research, Todd McFarland, associate general counsel at the Office
of Legal Council of the Adventist Church's world headquarters, determined
that there were important legal issues at stake in this case. This
influenced the Litigation Committee's decision to accept the case, and
provide funding. A lawsuit is expected to be filed in early October.
4. Earlier this summer, the California civil rights agency, the Department
of Fair Employment and Housing, settled a lawsuit it had filed on behalf of
an undocumented Seventh-day Adventist who had been employed in a Central
Valley tire shop. Several years ago, the California legislature passed a
bill to address the widespread oppression of undocumented workers.
Recognizing that it lacked the authority to directly address the immigration
problem, and that despite Federal prohibitions against hiring undocumented
workers, many employers did utilize these workers, the legislature voted to
extend California labor law protections to this class of employees. As a
result, an employer who hires an undocumented worker can no longer violate
wage and hour laws, or discriminate with impunity. In this case, a tire shop
owner hired only undocumented workers, and paid everyone off the books. The
Adventist was fired due to his need for Sabbath accommodation. The employer
was unable to demonstrate that it could not accommodate because it kept no
written records of its employees, and had no written schedules showing who
worked what shifts.
Please join us in praying for all of these cases, and for many others not
mentioned here. Please also encourage those who continue to work on Sabbath,
and struggle with religious conviction, that there is help available from
the Department of Public Affairs & Religious Liberty. Your continued support
through prayer, and annual offerings, is greatly appreciated. The church's
litigation fund depends on a portion of the annual religious liberty
offering to be able to file these cases on behalf of church members.
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These religious liberty newsflashes and legislative e.lerts are published by
the
Pacific Union Conference of Seventh-day Adventists, Department of Public
Affairs & Religious Liberty in conjunction with the North American Religious
Liberty Association - West.
For assistance with a religious liberty problem:
Alan J. Reinach, Esq., misterliberty@churchstate.org; 805-413-7396
Michael D. Peabody, Esq.mpeabody@puconline.org; 916-446-2552
Join the North American Religious Liberty Association:
www.religiousliberty.info.
Contribute to the work of NARLA: www.religiousliberty.info.
Subscribe to Liberty: a Magazine of Religious Liberty:
Source: www.libertymagazine.org
More info about religious liberty issues: www.churchstate.org.
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