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EEOC Sues Over Firing of Muslim Employee

This is from religionclause.blogspot.com which you can find here:

The EEOC announced this week that it has filed a Title VII religious discrimination lawsuit against KASCO, a St. Louis-based company that manufactures and sells butcher supplies and meat processing equipment. The press release explains:

According to EEOC’s lawsuit, Latifa Sidiqi had worked for KASCO since 2008, most recently as a buyer. After she began more seriously practicing her religion in 2012, a supervisor and others began making derogatory comments about her fasting during Ramadan, wearing a hijab, and her native country, Afghanistan. The agency charged that Sidiqi was fired during Ramadan 2013 because of her religion and national origin, and because she complained about her supervisor’s treatment.

You can learn more about this issue here.

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Yessource: Live on 8/10/02 on XM Satellite Radio

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

Joe Arcieri Songs: Valles Marineris

Joe Arcieri is a friend of mine who I worked with for many years during my ten years working for Acme Markets.  Joe, when not stocking milk or saving lives as a nurse, is an excellent guitar player.  I have had the privilege, from time to time, of (badly) plunking my bass guitar with Joe as he melts a face or two with a great solo.

As great musicians do, Joe has written some of his own songs and keeps a soundcloud site to post them.  When I have opportunity, I will post his music here as well.

Here is his composition called “Valles Marineris” which you can find here.

Here are the links to the previously posted songs by Joe:

Yessource: 8/8/02 Philadelphia Yes Day footage

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

Demographic Nonsense

Every now and again I come across a fantastic article the warrants posting here; I recently came across one in Splice Today which, I thought, was pretty insightful. Be edified.

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Today, when we try to explain political results or describe the political landscape, we often do it in terms of which demographic groups—genders, races, orientations, classes, regions—voted for whom. And as political consultants and politicians try to win elections, they start the same way; they try to figure out how to dominate among white suburban women, for example. I’ve argued that politics relying on exploiting demographics—a style and a strategy more and more relentlessly prosecuted by both parties—is a contradictory nonsense, as well as a terribly unfortunate attempt to make the divisions between Americans ever more extreme. Here, I’m going to elaborate on articles I wrote for The Wall Street Journal.

First, it’s all rather evil.  The basic approach of the Clinton campaign, according to its own strategists and surrogates—white guys such as Robby Mook and Joel Benenson—was to focus on relentlessly on turning out “women and minorities.” As demographics shift, they’ve long held, Democrats will dominate this growing segment of the population, and hence elections. (There is one problem here; the category “women and minorities” makes no sense.)

This has been a strategy for the last several cycles, in particular since the emergence of the “gender gap” in the 1990s; it was relentless in 2016. And I think it’s fair to say that Republicans have implicitly focused on white people and men as their basic constituency for decades, at least since Nixon played “the Southern card.” In Trump/Bannon nationalism, with its throwback style of sexuality and racial signaling, this appeal has become explicit.

In 2016, both sides leaned heavily on demographic analyses in deciding where the candidate should appear, for example, or in figuring out how to assemble an Electoral College majority. Particularly for the Democrats, however, this style of analysis is breathtakingly incoherent. The electoral coalition they imagine—of women, minorities, urban dwellers, gay and trans people—is conceptually impossible. The simplest way to see this is that the population cannot be split into two groups, women/minorities and men/white people.

A majority of American women are white, while half the members of racial minority groups are men. A coalition in which one party represents women and minorities and the other represents men and white people splits each of the white women and each of the minority men right between the hemispheres of their brains. Mook and Benenson were calling on people’s race to vote against their gender, and vice versa. If people can’t undergo fission into their demographic memberships—if, for example, a black, straight, middle-class man can’t be pulled apart into four different voters—this is all nonsense.

As a matter of fact, Trump won white women, leading to an outraged feminist condemnation of their reactionary sisters. Didn’t they know they were women first and white people second? Trump also did surprisingly well among minority men. These splits could continue to grow as the parties try to maximize them, and neither party would win an enduring advantage.

If I want to vote the way the parties want me to vote, and I am, for example, a rural straight Latino female, how would I proceed? The parties not only want to slice up the population and turn bits of it against the other bits, but to slice up each of us and, I suppose, turn us against ourselves, or force this poor sap to figure out whether she’s more straight than female, or more rural than Latino.

This does, in part, explain the interminable deadlock of our politics. Even as Democrats wait for demographic shifts to carry them to power, the growing minority population is half-male, the growing out-gay population is mostly white, and so on. Almost any way they try to maximize the demographic advantages they believe will serve them will also maximize the advantages of their opponents. We’re likely to be stuck here for a long time.

The parties got into this hell through polling, which has dominated every campaign. You can poll women, and you can poll white people. These two polls deliver different numbers; they appear to focus on different demographic segments. But the populations overlap at a rate of 50 percent, and your appeal is liable to alienate the other 50. These data heads seem clever, but they’re making howling mistakes.

If there’s a stage further into or beyond demographic politics, it may be signaled by Cambridge-Analytica-style “psychometrics.” The Democrats were still operating in 2016 at the primitive and incoherent level of large demographic segments, but the data analysis and targeting tools that are coming online now promise to target voters, or consumers, “down to the level of the individual.” If that were indeed possible, it might to some extent overcome the sort of conceptual problems I’m identifying. The Trump’s campaign’s micro-targeting, as opposed to the Dems’ primitive approach to the electorate in terms of large-scale groups demographic segments, might in part explain how Trump beat Clinton.

Micro-targeting might also lead to more sophisticated manipulations, more divisive appeals to group identities, smaller echo chambers. And yet if they come into my social media feeds appealing to my eccentric politics or consumption behavior as well as my demographic memberships—if they really atomize their appeals down to the level of individuals—the lines between groups might liquify a little.

I’m a white, heterosexual, rural male. And yet, if I were forced to choose sides among the demographic parties, I’d choose to go with the women and minorities (or I would, if the category were coherent). I don’t mean to make parties representing male whites and female people of color precisely morally equivalent, and the historical oppression exercised by people like me would make me go in the opposite direction; I don’t want to be in the racist, sexist party (though I also don’t want to be in the statist party). But, standing outside the process, it’s hard not to notice the cumulative effects of both parties together trying to maximize the gender and racial gaps. It’s tearing the country apart, at the scale of whole regions and groups, but also in villages, offices and families.

We might say that demographic politics imply a theory of human identity in which each of us is a stack or collage of memberships in social groups, in which each of us is a race/gender/nationality/orientation/class. Our behavior, and in particular our consumption and political behavior, is supposed to follow out of this stack, and hence to be manipulated through these memberships, which call out loyalties and real interests, but which are also in conflict, between the groups or within the self.

I wonder whether that exhausts the way you understand your self, whether that’s all you are or all you might aspire to be.

By Crispin Sartwell published on March 26, 2018 in Splice Today and can be seen here.

Yessource: 7/16/02 Kirkland Rehearsals

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

American Airlines Flight Attendants To Appeal Facebook Harassment Ruling

The Melissa Chinery and Laura Medlin cases against American Airlines, cases currently being litigated by my firm, the Law Office of Faye Riva Cohen, P.C., have been featured in an article entitled “American Airlines Flight Attendants To Appeal Facebook Harassment Ruling,” in Savvy Stews b published on September 2, 2018, which can be found here.

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We’ve all read company policy regarding employee conduct on social media sites. Although one would assume that these policies are there to put a stop to and even prevent workplace bullying, they are only useful if companies enforce them.

In a blow to two American Airlines flight attendants this week, Judge Eduardo C. Robreno ruled that the evidence of workplace bullying and harassment brought forth by flight attendants Melissa Chinery and Laura Medlin was insufficient and untimely. The harassment was also experienced by several additional women who issued affidavits but were not part of the lawsuit itself.

The worst part, American Airlines didn’t do a thing to stop it in the first place.

“The company called me when this all started. My flight service manager said that he was getting calls that I was being harassed publicly on Facebook. My manager called me, then failed to take any action to stop the problem” – Chinery

Faye Riva Cohen, the law firm that represents the plaintiffs, issued the following statement:

“We are disappointed by the Judge’s decision.  Our clients were victims of gender-based discrimination. Given the unique nature of social media, the harassment our clients experienced was all-pervasive and impossible to escape. We believe that the Judge failed to adequately consider the power of social media and its impact on the workplace.

Additionally, we believe that American Airlines acted improperly. American Airlines maintains a social media policy that is used to police the online conduct of its employees. Nevertheless, American Airlines failed to take our clients’ complaints seriously. Until employers treat online bullying with the severity that it deserves, women will continue to be at a disadvantage in the workplace. Our clients are weighing their options to appeal the decision.”

Ms. Chinery shares, The company called me when this all started. My flight service manager said that he was getting calls that I was being harassed publicly on Facebook. My manager called me, then failed to take any action to stop the problem. No apologies from anyone, just an escalated attack.”

RINGLEADER EMBOLDENED BY RULING

Jim Brown, one of the flight attendants accused of the harassment, began gloating on Facebook immediately following the judge’s ruling. He may have spoken too soon since the plaintiffs are planning to appeal the judge’s decision which could legally expose him and American Airlines.

Jim Brown, accused of harassment, has been given cushy positions in the Purser program and others.

In his deposition, Jim Brown admitted to sending a complaint to the company about Chinery that he thought would be anonymous. He also admitted fabricating a story regarding referring to Chinery as “flipper” (slang for “whore”) “to cover my tracks by creating another post and a fake person” (from Brown’s deposition). Despite lying about his words, Brown remains a member of several committees and in the training department and to date has not been investigated. He continues to publicly post on social media, on the day of Judge Robreno’s ruling, saying he was, “Feeling delighted… My message is about Karma working it’s [sic] judicious magic!”

BROWN-NOSING HAS ITS PRIVILEGES?

American Airlines has yet to investigate the harassment claims internally and the men named in the lawsuit remain on special projects, in training positions, and continue to be rewarded with promotions as they are paid and deployed to publicize company messaging to their coworkers. Rewards even included invitations to the wedding of American’s Chief Financial Officer, creating the appearance of special treatment and selective enforcement of company policy.

One may wonder who is responsible for the selection of these individuals to serve in special assignment and training positions. What consequences may they eventually face?

ONLINE WORKPLACE HARASSMENT GROWING PROBLEM

There is a lawsuit against United Airlines for failing to intervene in a pilot’s harassment of a flight attendant. American’s failure to put a stop to the bullying that took place against Ms. Chinery may eventually end up opening a Pandora’s box of liability for the carrier as others step forward to share their experiences and American’s lack of support.

In his memorandum, Judge Robreno writes, “Medlin details only a handful of instances of alleged sexual harassment between 2012 and 2015…including…the general use of sexually-oriented profanity.” Judge Robreno further stated that “insults in the workplace do not constitute discrimination ‘merely because the words used have sexual content or connotations.’” Judge Robreno also contends the alleged harassment was not physically threatening despite the litigants having complained to American Airlines about threats of physical harm.

THEY GANGED UP

Jim Brown wasn’t the only one allowed to get away with behavior that conflicted with the American Airlines social media policy:

[From evidence submitted to the court]

Rick Haskins, a male flight attendant, writing regarding coworkers who voted against a union contract proposal, “Those sixteen people should be shot.”

Daniel Datzer another flight attendant wrote, “I do not respect the 51 percent…… And I NEVER will…. Clowns, fools, morons… This will drastically come back to bite them in their uneducated, bilious, petty, small-minded, redneck lazy tired asses…. I will NEVER stop asking how people voted each time I fly and they will be treated accordingly… This is not a joke…. My anger and deep seated frustration WILL have a place to go… Directly at the enemy. I will maintain the level of professionalism that I have for myself…. But make no mistake…. They will know my discontent and pure disgust at their selfish inhumane actions… And it will NOT be cozy for them….I have this fantasy where the 49 percent goes off and forms its own base…… Because frankly, that is the only way the 51% are going to be able to escape what is coming.”

Victor Dunson wrote, “this is war… If you f**k with my friends you f**k with me and I don’t like being f**ked with: (.”

Judge Robreno also contended in his ruling that “Datzer used coarse sexual language” but that it “does not amount to severe or pervasive sexual harassment.” a picture of a “bedazzled vagina,” repeatedly used the word “c**t,” called a coworker a “sow,” referred to coworkers as “harpies and shrews,” and wrote “have any of them LOOKED in a mirror? Tuck your shirt in fat ass… Fix your hair… How bout a tie? A little lipstick?”

AMERICAN DID NOT LIFT A FINGER

Ana Burke-Leon, AA Human Resources

Despite the legal ruling, according to its policies, US Airways / American Airlines failed to follow its own rules and did not investigate multiple complaints brought to Human Resources by many women. Ana Burke-Leon, AA Human Resource Specialist, tasked with examining Chinery and Medlin’s claims states in her deposition, “Discrimination, unlawful harassment and retaliation in the workplace will not be tolerated.”  She stated the policy included derogatory posts, jokes, letters, e-mail or graffiti that denigrate or show hostility toward an individual or group based on but not limited to race, color, religion, gender, or gender identity.

FROM THE DEPOSITION OF AMERICAN’S HUMAN RESOURCE SPECIALIST, ANA BURKE-LEON

If ever there was an instance to back up employee mistrust in human resource departments, the responses given by American’s HR representative to questions from the plaintiff’s attorney would justify their suspicions.

In her deposition, Burke-Leon repeatedly evades the questions brought forth by Chinery and Medlin’s counsel about whether or not the “c-word,” when used by a male employee to refer to a female employee, would be tolerated:

 Q. Do you consider the word, the use of the C-U-N-T to be an epithet, derogatory comment or slur?

A. Yes.

Q. What’s your understanding as to what that word means?

A. It’s a derogatory word used to describe a female.

Q. So if a male employee refers to a female employee as —

A. You can say it. I understand.

Q. I will say the “C” word. If a male employee refers to a female employee as the “C” word, does that fall within these bullet points list of the type of conduct that will not be tolerated?

A. It will depend on the context. It would depend on if it’s directly related or specific name, a person is involved. It will depend on the context.

Q. If a male employee refers to a female employee as the “C” word, do you consider that to be a derogatory comment?

A. It depends on the way it’s stated. It depends on the content. It depends on the content.

Q. Do you consider a male employee referring to a female employee as the “C” word to be a slur?

A. A slur? I don’t know.

Ana Burke-Leon was tasked with interviewing one of the men named in the lawsuit but in her deposition says she did not because on the scheduled day of her flight to meet him, she “went to the wrong gate” and missed the flight. The matter was later looked into by another member of HR. Burke-Leon went on to say, “Daniel stated that his Facebook page was compromised and that he does not believe he made those comments.”

Another senior Human Resource investigator, Dan Cleverly, admitted under oath that he did not-at-all investigate Medlin’s harassment complaints and concerns. She repeatedly emailed him requesting assistance but was ignored.  When questioned, Cleverly’s response in his deposition was “Because it got lost in my shuffle.” That was towards the end of October. I went on vacation, Thanksgiving, Christmas crazy.”  The evidence provided by American Airlines revealed Cleverly’s apparent bias from personal notes to Burke-Leon where he referred to Chinery as “exhibiting a whole new side of crazy” when she attempted to follow up with him about her concerns. His response, when asked why he said that was “Because this was an overwhelming time.”

The harassment claims brought forth against Jim Brown, to this day, have not been investigated by American Airlines. In his testimony, Brown states he has not had any interviews regarding the complaints made against him. At least four women complained to HR about Brown’s harassment. The outcomes of such investigations would determine whether or not there would be disciplinary action, and, according to AA’s policies, if an employee were in violation, it “would not be tolerated.” How is it possible that American Airlines, for years, has ignored women who came forward to complain along with those who provided affidavits testifying that they witnessed harassment by Brown?

The complaints against Brown, Datzer, Allen, and others, date back to 2012 and continue through 2016.  Despite the claims, since that time, three of the men have been promoted to various positions that include lucrative “special projects” committee work and training positions. Flight attendants are required to requalify annually in training to ensure he or she meets the FAA and company requirements to maintain continued employment. Both women have feared retaliation and for their jobs as the men they have accused of harassment have been placed in positions of authority where they potentially can pass or fail them.

AN APPEAL MAY BE FORTHCOMING

“American offered me a monetary settlement, but this has never been about money. It’s about employees suffering when policies created to protect them are ignored or selectively enforced by the company. These colleagues should be held to the same accountability that everyone else is held to. People should never be rewarded for engaging in workplace bullying and harassment” says Chinery.

Yessource: 7/14/02, Rehearsals in Seattle

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

No-Fault Divorce Does Not Violate Hindu Husband’s Free Exercise Rights

This is from religionclause.blogspot.com which you can find here:

In Bhandaru v. Vukkum, (KY App., Aug. 19, 2016), a Kentucky appeals court rejected an argument that the state’s no-fault divorce law violates the free exercise rights of a Hindu husband.  The husband argued that his Hindu religion only permits divorce if some grounds for divorce are stated. The court concluded however that the divorce law is a law of general applicability and the state has a rational basis for it.  It thus survives a 1st Amendment challenge and the free exercise provisions of the Kentucky constitution offer no greater protection than those in the 1st Amendment.  The court also rejected the argument that under notions of comity it should have applied the Indian Hindu Marriage Act.

You can learn more about this issue here.

Yessource: Promotion for Magnification / Symphonic Tour

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

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