Soldier4Christ
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« Reply #1 on: April 19, 2006, 02:30:54 PM » |
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Patriotic décor little protected Local woman told to remove decorations has no solid recourse, experts say.
EDWARDSVILLE - A woman who refused to remove patriotic decorations from her office may not like her employer’s directive, but there’s nothing she could do to challenge the order legally, several attorneys said Tuesday.
A person’s right to free speech is protected by the First Amendment of the U.S. Constitution, but that right is pretty much forfeited once an employee is within the confines of a private employer, said Mary Catherine Roper, an attorney with the American Civil Liberties Union in Philadelphia.
“Unfortunately private employers do get to dictate how their workplace looks and a lot of what people get to say and do in that environment,” Roper said. “People know they have freedom of speech, but they don’t realize, it really is limited when you talking about a private context.”
Jane Rutkoski of Edwardsville said she knew she couldn’t challenge the order from her employer, LabCorp of America, to remove various patriotic decorations from its office on Welles Street in Forty Fort. Rather than comply, she opted to quit.
Rutkoski, a phlebotomist, planned to resign as of April 28. After a story about her dispute with LabCorp appeared in Saturday’s Times Leader, the company asked her to leave Monday.
Ray Wendolowski, a Laflin attorney who handles employment cases, said he’s personally troubled by LabCorp’s stance on the decorations, but legally the company was completely within its rights.
“There are exceptions, but generally a private employee does not have a First Amendment right to express them self,” Wendolowski said. “If (the employer) doesn’t deem something appropriate, they can tell you to take it down or be fired.”
There are certain types of cases where a First Amendment issue can be brought against a private employer, but those are tied to a violation of some other right, such as discrimination or retaliation, said attorney Kimberly Borland of Wilkes-Barre.
“You are protected if you speak out against sexual harassment by a private employer. They can’t fire you for that,” Borland said.
Brad Smith, executive vice president of corporate affairs for LabCorp, on Monday defended the company’s position. Smith stressed the company did not oppose Rutkoski’s decorations because they were patriotic. It simply wants its offices to be uniform and could not make exceptions for individual employees, he said.
Regardless of its reasoning, the company’s stance has drawn the ire of some area residents, several of whom phoned the Times Leader in support of Rutkoski.
Karen Rejician of Glen Lyon said she intended to call LabCorp’s corporate office Tuesday to complain.
“I’m going to tell them I’m totally disgusted. This is America. Any employee who wants to show their patriotism should be allowed to,” she said.
Jeff Aberle of Edwardsville said he’s so upset he plans to boycott the lab.
“It’s pathetic. What’s a few decorations, especially since 9/11,” Aberle said. “If that’s the corporation’s view I’m not having any more lab work done there.”
Tom Kovach of Mount Juliet, Tenn., a candidate for Congress in the 5th Congressional District in Tennessee, was so impressed with Rutkoski’s determination to hold her ground that he e-mailed a reporter, offering Rutkoski a job should he be elected.
“Anybody who is willing to put their job on the line and stand up on principle is the kind of person I could count on on my staff to tell me the truth,” he said.
Rutkoski on Wednesday said she was flattered by the offer, but isn’t so sure she wants to relocate. She’s focusing her efforts now locally, and is confident she’ll be re-employed soon.
In the meantime she’s busy trying to find a place in her half of her double-block home for the dozens of decorations she took from the LabCorp office. It won’t be easy, given her home is already filled with all kinds of Americana.
“Thank heavens the other half of the house is empty for the moment. I just kind of put everything there for now,” she said.
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