View cases - Stewart McKelvey

Did the Respondents refuse to continue to employ Mr. Jones because of his religion?[33] Mr. Jones submitted that, in the meeting with Mr. Eisler on November 17, Mr. Eisler toldhim that he had the option of putting out the poinsettias or facing dismissal. He submitted therewas, therefore, no possibility of continuing his employment with C.H.E. The Respondents saythat Mr. Eisler and Mr. Hardy expected further discussion and were shocked when Mr. Joneswalked out. They submit that he quit.[34] Mr. Jones testified that, when he spoke to Mr. Hardy on November 17, he explained thathe could not decorate. Mr. Hardy asked him to view the poinsettias as merchandise. Mr. Jonestold him that he could not do so because they were being used as decoration. He discussed theconcept of reasonable accommodation. Later, in the meeting in Mr. Eisler’s office, he explainedit again. Mr. Eisler said that they were not asking him to do anything illegal. Mr. Jones said,“The decision is yours.” He told Mr. Eisler that he was not quitting. He testified that Mr. Eislerthen gave him an ultimatum: do what Mr. Hardy wanted or face dismissal. Mr. Eisler then toldhim to clean out his locker and turn in his uniform. Mr. Jones cleaned out his locker and left. Hetestified that he did not quit. He was faced with an ultimatum and no reasonable alternative.[35] Mr. Eisler testified that when Mr. Jones came to his office he told Mr. Jones that hedidn’t understand where he was coming from. He had done the same job for 16 years and theonly thing that had changed was his definition of merchandising. Mr. Jones said, “I draw the lineat decorating”. Mr. Eisler said that they were not asking him to do anything that he hadn’t donebefore. He said that he pleaded with Mr. Jones to consider the impact on him, his family and hisjob. Mr. Eisler said that the issue was insubordination and disrespect to Mr. Hardy. He askedMr. Jones to consider and reconsider. Mr. Jones kept saying, “It’s your decision” and Mr. Eislerkept responding, “No, it’s yours”. He told Mr. Jones that he could keep his job but he had toobey the lawful and direct rules of his supervisor and perform his job as he had in the past. Hetestified that they arrived at a stalemate. He was not going to fire Mr. Jones. However, Mr.Jones got up, mumbled something, went to the staff room, cleaned out his locker and left. Hetestified that, if he had had an opportunity to discuss the situation rationally with Mr. Jones, theymight have worked it out; however, Mr. Jones didn’t give him a chance. In cross-examination,Mr. Eisler said that he thought Mr. Jones had said he would not violate his Bible-trained9