Monday, August 28, 2017

Nazi Flags, Confederate Flags and a Kneeling Kaepernick are not the same

He who wants to fly the battle flag on his own time expresses a constitutional right.  Ditto a Nazi flag.  The former does not offend me, the latter does.  I guess that's all in the eye of the beholder.  I'm not enthusiastic about this exercised right.  There are fools everywhere. 

I was recently in Nebraska and saw a pickup with the battle flag flying.  I was surprised, not offended.  I know he who flew it had the right to do so, even if it wasn't wise.  If that had been a Nazi flag.. I would have had concern.  Still recognizing and accepting that he had the right to do so.  Seems like he would have been picking a fight.  Heck I might have confronted him. 

Regarding Kaepernick, employees working for private organizations have certain rights.

For example, under Title VII, employees have a right to reasonable accommodations because of sincerely held religious beliefs so long as it doesn’t cause more than a de minimis hardship on the employer.

Had Kaepernick requested not to stand and claimed that it violated his sincerely held religious beliefs, the employer would have to decide whether such conduct can be accommodated, and whether it causes an undue hardship.

In this age of divisiveness, private employers are wise to remind employees that they have no protections under the First Amendment as it relates to their employment. Otherwise, disrespect and disruption can overtake your workplace.

Employees who work for private employers need to know that they are free to do and say whatever they want. However, they also need to understand that there are consequences to those decisions, so it better be worth the risk and they cannot cry First Amendment foul when they end up on the unemployment line.

See it's not that complicated.  One is a right, one is not.  In your famous line, False Equivalency. 

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