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Tue, Nov 3, 2009 7:44 EST

Home Depot vs. Trevor Keezer and The God Squad

Does our right to free speech apply to the workplace? Nope.

Topic: Personal Management

Blog: Career Connection

Current Rating: 2 Comments: 14

Trevor Keezer told the Associated Press that he was fired from his job as a cashier at The Home Depot on October 23, 2009, for wearing a pin on his orange apron that expressed his religious beliefs. The pin featured a picture of Old Glory and contained the following words from the Pledge of Allegiance: "…one nation, under God… INDIVISIBLE."

He’d been wearing the pin since March 2008 to support his brother, a soldier in Iraq, and to show his love for God and country, Keezer said. (See the AP story for additional details.)

A spokesperson for The Home Depot explained to the AP that Keezer was let go for violating the company's dress code. Keezer declined to wear a patriotic pin that store management had offered to him, the spokesperson said. Home Depot's sanctioned pin read, "United We Stand."

Keezer's attorney notes that her client was fired shortly after he started bringing a Bible to work so that he could read it on breaks. She plans to sue Atlanta-based Home Depot for religious discrimination.

Why religious discrimination and not violation of her client’s Constitutional right to free speech? Michael Masinter, a law professor at Nova Southeastern University in Fort Lauderdale, Fla., says that free speech provisions in the First Amendment only limit the government's power, not private citizens or corporations.  

"While it is true that the First Amendment prevents the government from restricting your freedom of speech, it does not prevent The Home Depot or any private citizen or entity from imposing limits upon what can be said on their property," Masinter says. "There is no freedom of speech under the U.S. Constitution that applies in the private workplace."

The fact that Americans' freedom of speech isn't protected by the Constitution in the workplace must have come as a shock to Keezer. In an interview with Fox News, Keezer said, "I don't see how it's American to make me take off a pin that represents so much." After all, freedom and democracy is what his brother is fighting for in Iraq.

While the Constitution may not protect Americans' right to free speech in the workplace, the Civil Rights Act of 1964 does protect them from racial, sexual and religious discrimination in hiring, promotions and discharges, says Masinter. That’s why Keezer's attorney is fighting his termination on the grounds of anti-discrimination laws.

The question the court will have to decide: Was Trevor Keezer fired for his religious beliefs, or because he refused to follow his employer's dress code?

Masinter says religious discrimination may be tough to prove on the basis of the pin alone because the message on the pin could be seen as more of a political statement than a religious one. "If it's a political statement, there is no law that protects his right to make that statement," says the law professor, adding that wearing the pin is not like wearing a yarmulke if you're an Orthodox Jew or a cross if you're an observant Christian.  

The blog Incertus argues that Keezer brought the firing upon himself by refusing to remove his button. The sanctimonious pundits at Fox News, on the other hand, have thrown their support Keezer's way and all but called for a boycott of Home Depot for firing such a principled, patriotic worker.

Regardless of what side you're on,


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Average (1 vote)
2
 
 
Wed, Nov 4, 2009 9:39 EST
Anonymous user
Posted by: Anonymous
Rating: 90

Pull your head out Meredith! Who are you to decide that Trevor's is not a religious statement? The fact that he brought a bible to work should lay that argument to rest. It's not like Trevor did anything malicious or violated someone ele's rights. Home Depot needs to pull its head out too, else many of us won't be shopping there anymore. Would intelligent management try to make a case out of nothing?

 
Wed, Nov 4, 2009 10:08 EST
Anonymous user
Posted by: Anonymous
Rating: 80

If Home Depot doesn't restrict their employees from what they can and can't wear or display on their clothes, then where does it stop. Would it be okay to wear a pin that supports abortion/pro choice, a democrat/republican, etc.. I'm a christian and I don't support Keezer. But I do support going to work and doing your job. I'll continue to shop at Home Depot.

 
Wed, Nov 4, 2009 10:53 EST
Posted by: Phil Murphy
Rating: 90

Anonymous completely misses the point - Home Depot has rules about what people may wear. Keezer could have worn Home Depot's "United We Stand" pin to support his brother in Iraq (remember him), but he refused. Keezer took an employment issue - on which he would clearly lose based on its merits - and attempted to insert a religious thread into it for the press maelstrom he knew it would create.

Keezer repeatedly violated Home Depot's employment rules with the goal of fomenting religious activists to battle the dress code in a commercial establishment - a place where religion has no place. When the pin alone didn't raise enough press attention, he upped the ante by bringing in a bible to bolster his weak claim that the dress code issue was religious in nature - thereby forcing Home Depot's hand. Keezer's actions underscore how disingenuous he truly is and what a grandstanding ploy this truly is. That is the larger issue.

The encroachment by religious zealots (of all kinds) on the rights of everyday citizens has reached a breaking point. The zealots interpret "freedom of religion" as their right to force-feed us their brand of religious dogma at every turn - in schools, malls, stores, and restaurants. Enough! Freedom of religion also includes freedom FROM religion. This country was founded by people who fled religious intolerance that was so insidious in England at the time due to the establishment of a single state-sanctioned religion. We're not a Christian nation, we are a nation that includes Christians, Jews, Muslims, Shinto, Buddhists, Taoists, Native American and Wicca among many others and also the views of agnostics and athiests. Keezer and Anonymous would have us repeat those mistakes hundreds of years later. So to all the Keezer-ites out there, I say - keep your religious views and dogma at your home and place of worship, don't worry about what I believe - it's none of your business. I'll do the same, and there will be more peace in the world.

If the Keezer-ites like Anonymous want to boycott Home Depot - I say good riddance. The type of majority-rules-tyranny and financial leverage you threaten is exactly the type of behavior our forefathers fled in England as this country was born. "Might makes right" / "Strength in numbers" is not justice, it is a "my way or the highway" approach whose time has past.

As to Keezer - he sought and got his 15 minutes of fame, don't waste more publicity on him.

 
Wed, Nov 4, 2009 11:34 EST
Anonymous user
Posted by: Anonymous
Rating: 50

There is a lot of the legal side of this that is missing. Without it, many will rush to conclusions. In a suit against a corporation, the most damning evidence that can be brought is evidence of a manager ignoring policy or not enforcing it uniformly. If Mr. Keezer wore the button for an extended period of time even if it is in violation of company standards, the manager has the responsibility to enforce the standard. Failure of enforcement by the manager would grant Mr. Keezer an exemption from the rule and set a dangerous precedent.

It will also depend on any formal disciplinary action taken by his manager - verbal/written warnings, etc. - to show that he was following company policy for discipline and terminated as per that policy. What we don't know is anything regarding that procedure and its timing with bringing a Bible to work.

If the manager followed company procedure in disciplining Mr. Keezer, he will lose the case because it will be an employment contract issue, not a discrimination suit. If the manager failed to follow policy, however, it will be very hard for the company to defend the incidental(?) timing of the termination.

 
Wed, Nov 4, 2009 22:14 EST
Anonymous user
Posted by: just me
Rating: 10

If it is company policy, why haven't they fired several in different stores where I shop who have all kinds of buttons and pins on their HD aprons ?

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