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posted by n1 on Monday August 08 2016, @08:31PM   Printer-friendly
from the don't-kick-me-when-i'm-down dept.

[Update. It appears the original submission was skewing the facts. From the What You Should Know about EEOC and Shelton D. v. U.S. Postal Service (Gadsden Flag case) on the EEOC (US Equal Employment Opportunity Commision) web site:

What You Should Know about EEOC and Shelton D. v. U.S. Postal Service (Gadsden Flag case)

  • This decision addressed only the procedural issue of whether the Complainant's allegations of discrimination should be dismissed or investigated. This decision was not on the merits, did not determine that the Gadsden Flag was racist or discriminatory, and did not ban it.
  • Given the procedural nature of this appeal and the fact that no investigative record or evidence had been developed yet, it would have been premature and inappropriate for EEOC to determine, one way or the other, the merits of the U.S. Postal Service's argument that the Gadsden Flag and its slogan do not have any racial connotations whatsoever.
  • EEOC's decision simply ordered the agency - the U.S. Postal Service - to investigate the allegations. EEOC's decision made no factual or legal determination on whether discrimination actually occurred.

The original story follows. --martyb]

Submitted via IRC for TheMightyBuzzard

The Equal Employment Opportunity Commission (EEOC) has determined in a preliminary ruling that wearing clothing featuring the Gadsden Flag constitutes legally actionable racial harassment in the workplace. In short, wearing the Gadsden flag while at work can earn you the title of "racist", earn you harassment charges, and cost you your job. The ideological witch hunt started back in 2014 when a black employee at a privately owned company filed a complaint with the EEOC when he saw a co-worker wearing a hat featuring the Gadsden flag and the words "Don't tread on me." The EEOC has decided to side with the over-sensitive employee, despite already admitting that the flag originated in a non-racial context and has been adopted by multiple non-racial political groups, countless companies and more, since it was created.

The ruling is a preliminary ruling and has not yet been made "official" but the preliminary ruling says that you can be charged with "racial harassment." They have not indicated when an "official" ruling will be made and it is ongoing.

Source: American Military News

Better Source: Washington Post

Facts: EEOC


Original Submission

 
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  • (Score: 1) by kurenai.tsubasa on Monday August 08 2016, @10:58PM

    by kurenai.tsubasa (5227) on Monday August 08 2016, @10:58PM (#385525) Journal

    Looks like you're correct after reading through the EEOC link.

    This decision addressed only the procedural issue of whether the Complainant's allegations of discrimination should be dismissed or investigated. This decision was not on the merits, did not determine that the Gadsden Flag was racist or discriminatory, and did not ban it….

    On January 8, 2014, a U.S. Postal Service maintenance mechanic in Denver, Colorado filed a complaint of discrimination based on race (African American) and reprisal for prior EEO activity…. According to the federal sector process, that complaint was filed with the employing agency - the U.S. Postal Service.

    On January 29, 2014, the U.S. Postal Service dismissed the complaint for failure to state a cognizable claim of discrimination. On June 20, 2014, the EEOC Office of Federal Operations reversed the agency's dismissal, determining that Complainant had raised a cognizable claim of harassment, and ordered the agency to investigate the claim….

    The agency requested the EEOC Office of Federal Operations to reconsider its previous decision…. The U.S. Postal Service argued that the previous decision clearly erred because the Gadsden Flag and its slogan do not have any racial connotations.

    Upon review, the EEOC Office of Federal Operations determined that the agency did not meet its legal burden of demonstrating clear error. The EEOC decision sent the matter back to the U.S. Postal Service to investigate the allegations. In doing so, EEOC emphasized in its decision, "we are not prejudging the merits of Complainant's complaint. Instead, we are precluding a procedural dismissal that would deprive us of evidence that would illuminate the meaning conveyed by . . . the display of the symbol."

    Both American Military News and the WaPo blagger seem to be getting ahead of themselves and arguing a chilling effect. All that's happened is that the EEOC determined that the Post Office couldn't dismiss the claim out of hand and must investigate. It sounds like that puts the ball back in the claimant's court to prove that there was a racist message being expressed. Claimant's argument that the flag itself is a racist symbol because Gadsden was a slaveholder has not yet been evaluated.

    I'll save my outrage for if the Post Office uncovers no further evidence of a racist message and the EEOC determines that the claimant has a valid argument that anything originated by a slaveholder is a symbol of racism. That doesn't appear to have happened yet.

    We'll also need to wait and see whether the supposed chilling effect comes to roost.

  • (Score: 1, Insightful) by Anonymous Coward on Monday August 08 2016, @11:07PM

    by Anonymous Coward on Monday August 08 2016, @11:07PM (#385528)

    The fact that a government agency has opened an investigation is chilling enough in and of itself. If the display of a Gadsden Flag image alone is enough to trigger such an investigation, then it absolutely is a big deal regardless if nothing further comes from the bureaucratic investigation.

    • (Score: 0) by Anonymous Coward on Monday August 08 2016, @11:28PM

      by Anonymous Coward on Monday August 08 2016, @11:28PM (#385534)

      No, the fact that a government agency has to investigate a valid complaint is just an effect of the legal standard "under Title VII".

    • (Score: 2, Interesting) by kurenai.tsubasa on Tuesday August 09 2016, @01:06AM

      by kurenai.tsubasa (5227) on Tuesday August 09 2016, @01:06AM (#385573) Journal

      I believe the point is that the EEOC wants the Post Office to determine whether the employee was merely displaying the Gadsden Flag or whether it was part of a pattern exhibited by that employee intended to create a hostile environment.

      It's a sticky issue. Assholes trying to subvert the Gadsden Flag to have a racist import (primarily looking at the KKK and Christian Identity) have come up recently, hence why the EEOC is rejecting the Post Office's claim that the claimant's claim should be simply dismissed as having no possible merit due to the history and general usage of the Gadsden Flag. The EEOC noted that it's possible that claimant is, in fact, a triggered snowflake, but that there must be an investigation to rule out a legitimate claim.

      Personally I would wish anybody who might read something racist into my display of the Gadsden flag would talk to me so that I can explain how it dovetails nicely with the principles of Kwanzaa…. (Trust me on this one. It does. Which is why I must save my outrage for the result of the Post Office investigation and subsequent determination by the EEOC.)