Get a Lawyer

Here's a thoughtful, well-written article about religious discrimination against a woman, Carole Smith, due to the fact that she's a Wiccan. If you watch the included video interview with Ms. Smith, you'll see that she does a pretty good job handling the media interview. This is one of those rare cases where it, sadly, is necessary to deal, head-on, with the notion that Witches run around casting evil spells on people, as Ms. Smith was apparently fired, at least inter alia, due to a co-worker's complaint that Ms. Smith cast a spell on her car and made its heater malfunction. (I discussed another such instance here, where Katrina Messenger also did a good job managing the topic.) I think Ms. Smith does a good job and then skillfully turns the conversation around to what Wiccans do believe in a very positive way.

I don't think that I've ever said this before, in all my discussions about how Wiccans should deal with the media, but I want to make sure that I say it now, loud and clear. In any kind of legal situation (and the article explains that Ms. Smith is planning to appeal a negative ruling by an administrative law judge), for the love of the Goddess, please get legal advice early and certainly get it before you talk to the media. Until you get clearance from your lawyer, do not say one word to the media, no matter how earnest, helpful, and decent their representative may seem. As a layperson you've got no idea (no, trust me, you really don't) what innocent thing you're going to say that will hurt your case. Heck, I'm a lawyer and, because I don't practice employment law, I'm not qualified to judge what Ms. Smith may or may not have said that will hurt her case. Nor whether even doing such an interview was helpful or not. But I can guarantee you that, come Ms. Smith's appeal, the employer's attorney will go through her interview with a fine tooth comb and use it against her. To be clear, Carole Smith needed a lawyer from the minute that her boss suggested that she go into a mediation session to "explain" her religion to the complaining co-worker. The correct response would have been, "Thank you for suggesting that. I'd like to think about your suggestion for a day or two and get back to you," and to then make a mad dash for a lawyer. That would be true even if Ms. Smith, herself, were a lawyer. There's an old saying in the law about a lawyer who represents hirself. It's an old saying for a reason.

I'll also say that this case is yet another reason why I'm less than 100% enthused about "Out Yourself as Pagan Day." Ms. Smith was a new, probationary employee. She told at least one person on her job that she was Wiccan. I don't know why she told them, or in what context, but what happened to her is a good example of why many people choose to stay in the broom closet at work. I understand all the good reasons for people to come out of the broom closet, but, in today's employment market, there are real dangers to discussing your personal life, including your religion, with other people. And it's generally not necessary. Even a direct question, "What religion are you?" doesn't warrant a direct response (nor does any question that seeks personal information). A simple, "Well, I have a deep respect for nature," or, even better, "I really consider that a personal subject," works just as well. Whether, and when, to come out at work is a personal decision. People should make it carefully.

Beyond that, as sympathetic as this article is, there are the usual capitalization problems:

Judge: Let's take the witchcraft out of it. If someone complains to you, he's Jewish, and refers to a stereotype about his Judaism, go to mediation and work it out? Is that management's response to that?

To be fair, it's possible that, here, the reporter is quoting from a court transcript that screws up the capitalization and that Ms. Smith wasn't legally savvy enough to demand revisions. But, even so, the reporter should have used brackets to correct this. For example:

Judge: Let's take the [W]itchcraft out of it. If someone complains to you, he's Jewish, and refers to a stereotype about his Judaism, go to mediation and work it out? Is that management's response to that?

Since Judiasm is capitalized, Witchcraft should be capitalized, as well.

But there's also this:

Here's a situation for all you aspiring managers: If you were the boss at a U.S. government agency and one of your employees complained that she was afraid of a co-worker's religious practices, what would you do?
Would it change your decision if the religion were Wicca, and the employee feared her co-worker because she thought she might cast a spell on her?
Here's how the Transportation Security Administration handled it:
It fired the witch.

Let's substitute Jew for Witch. In that case, would the article have read:

"Here's a situation for all you aspiring managers: If you were the boss at a U.S. government agency and one of your employees complained that she was afraid of a co-worker's religious practices, what would you do?
Would it change your decision if the religion were Judiasm, and the employee feared her co-worker because she thought she might make matzo from the blood of Christian children?
Here's how the Transportation Security Administration handled it:
It fired the jew"?

Of course not, it would say, "It fired the Jew."

And, there's the failure to capitalize Voodoo:

“I was dumbfounded,” Smith said. “I told him, that's not what Wicca is. We don't cast spells. That's not witchcraft. That's black magic or voodoo or something else. To put a spell on a heater of a car, if I had that kind of power, I wouldn't be working for TSA. I would go buy lottery tickets and put a spell on the balls.”

Not to mention Ms. Smith's own apparent conflation of black magic and Voodoo.

I hope that Ms. Smith gets the legal help that she needs; her case is pretty egregious.

hat tip/ The Wild Hunt.

Picture found here.