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View Full Version : Did fiery essay get author fired?


JasonF
08-18-05, 12:40 PM
Did fiery essay get author fired?
Allstate denies axing worker over anti-gay writing on the Web

By Michael Higgins
Tribune staff reporter
Published August 18, 2005

J. Matt Barber, a born-again Christian from Villa Park, hoped to get some reaction in December when he wrote a fiery online essay denouncing same-sex marriage and the "destructive nature ... of the homosexual lifestyle."

But the strongest response, Barber said, came from his employers at Allstate Corp. He said two supervisors slapped the article down in front of him, told him he was suspended without pay and had him escorted from the company grounds in Northbrook.

"I'm thinking, `What business is this of yours?'" said Barber, 36, who had worked for Allstate for five years, mostly in corporate security. "This is something I did on my own time. This was my own viewpoint. ... [One supervisor] said, `Well, you know, here at Allstate we have a very diverse community.'"

Allstate fired Barber three days later, setting off a dispute that shows signs of becoming the next legal cause celebre among religious conservatives. As the issue becomes a growing rallying point among conservatives, Christian groups have protested Barber's fate on Web sites and in newsletters, generating what they said are more than 240,000 e-mails and an unknown number of phone calls to Allstate.

Barber filed a lawsuit in May in federal court in Chicago alleging that Allstate's action constituted discrimination on the basis of religion, a novel argument, some legal experts said.

He is represented by David Gibbs III of the Florida-based Christian Law Association, which represented Terri Schiavo's parents in their high-profile efforts to prevent her feeding tube from being removed.

The story has attracted the attention of conservative Christian advocacy groups, such as the American Family Association. The group said its members have sent about 246,000 e-mails to Allstate since June 28, demanding that the company apologize to Barber and rehire him with back pay.

"Many, many consumers are changing insurance companies as a direct result of the information we have posted," said Randy Sharp, a spokesman for the association, based in Tupelo, Miss. "I think it's really going to explode when it goes to court."

Allstate officials call the protests misguided. In court papers, they said Barber was not fired for his beliefs, but for using company "resources for his personal journalistic activities."

Allstate spokesman Michael Trevino would not elaborate. But he said: "Allstate has never terminated an employee for expressing their personal views on their own time. Any allegation to that effect is false."

Trevino would not say how many e-mails or phone calls the company has gotten, but he said Allstate, which insures 17 million households, had not found the protests disruptive.

Barber said he wrote the articles at home but concedes that he sometimes sent personal e-mails, including some related to his writing, from his company laptop. Allstate policy allowed this, he said, especially among employees who traveled frequently. Barber said he made no more personal use of his laptop than his co-workers did.

The dispute has become the latest in a series of conservative protests that have hit companies such as Kraft, a sponsor of the 2006 Gay Games in Chicago, and Procter & Gamble, which supported a local gay-rights proposal in Cincinnati.

To his supporters, Barber is a sympathetic figure. He is a former police officer, onetime Chicago-area professional boxer--he used the nickname Matt "Bam Bam" Barber--and father of three. He has degrees in public policy and law from Regent University in Virginia, founded by religious broadcaster Pat Robertson.

Barber said he started writing opinion essays last year and sending them to Web sites such as theconservativevoice.com and americanthinker.com.

In the article "`Intolerance' Will Not Be Tolerated! The Gay Agenda vs. Family Values," he called same-sex marriages make-believe, "oxymoronic" and an example of "societal de-evolution." He praised "homosexual recovery organizations" and lambasted liberals for decrying the harm caused by tobacco, drugs and alcohol but not "the dreadful and preventable health related pitfalls, which stem from the homosexual lifestyle."

"With this one in particular, I intended it to be hard-hitting," Barber said in an interview. "I am kind of fed up."

Barber said he never mentioned his Allstate affiliation in the biographical information that accompanied his articles. But he said mensnewsdaily.com, which ran the same-sex marriage piece in December, knew where he worked and included the information without his permission.

After the essay appeared, complaints came in to the Human Rights Campaign, a gay and lesbian advocacy group in Washington, D.C.

The group found Barber's article biased and misinformed and criticized his confident pronouncements that sexual orientation is strictly a matter of choice, said spokesman Daryl Herrschaft.

"He's relying on junk science to concoct a rationale for whatever he has already determined that he believes," Herrschaft said.

The group contacted Allstate to ask whether it had endorsed Barber's article but did not voice an opinion on whether he should be fired, Herrschaft said.

Allstate would not comment directly. But Trevino said protesters were wrong to put stock in a determination by the Illinois Department of Employment Security, which found that Barber was fired "because an outside organization had complained about an article he had written while on his own time."

The department's finding isn't binding on any court, and state officials won't comment on it or explain how much investigation they did.

Barber has been looking for work since his firing six months ago, and he and his wife have put their house up for sale.

"What [Allstate officials] have done here is reach from Allstate into my living room and say, `You can't think this way,'" Barber said.

The strategy behind Barber's lawsuit is an unusual one, said Matthew Finkin, law professor at the University of Illinois at Urbana-Champaign. Contrary to popular belief, private companies in Illinois and in virtually every other state can fire workers for saying things that embarrass the company--a fact many bloggers have learned the hard way, he said.

Barber's theory is that his views on same-sex marriage constitute religious expression and thus are protected under federal civil rights laws.

The suit is phrased accordingly, saying Barber "felt led of God to write and submit [the article] for online publication."

Finkin said Barber's argument may be hampered by the fact that he does not quote Scripture to support his argument and instead roots his positions in statements about biology and traditional values. "Political polemics are not protected in Illinois," Finkin said.

That legal distinction means little to Barber's supporters.

Tom Minnery, vice president of public policy at Focus on the Family, said the group's true impact will be felt if Barber's story is included on its largest radio broadcast, which reaches 2 million to 3 million listeners.

"If Allstate does not do the right thing, we'll let a lot of people know what's going on," Minnery said.

http://www.chicagotribune.com/news/nationworld/chi-0508180182aug18,1,736944.story?coll=chi-newsnationworld-hed

General Zod
08-18-05, 12:44 PM
And here he thought he was in good hands...

Actually I think Allstate probably is right. They guy probably did use company time, email, etc - but they are going to need to prove that.

Groucho
08-18-05, 12:45 PM
Allstate is a private company. They can fire whoever they want, whenever they want. It doesn't matter if he wrote the essay on his own time or not.

The "Religious Discrimination" argument is bullshit. If this passes, then you'll have people saying "I took 2 hour smoke breaks because of my religion...they can't fire me!"

nemein
08-18-05, 12:48 PM
I'm sure there is more to the story than what is here but on the surface it sounds like his getting fired is directly related to the article. The main question that I have is what is the company's stated policy about people using laptops in this fashion? If it is outrightly prohibited then him getting fired is justified, although if it can be showed that the company knows/allows other people to use their laptops in a similar fashion it will bolster the discrimination case. If there is no stated policy then the company really doesn't have a leg to stand on IMHO.

nemein
08-18-05, 12:49 PM
Allstate is a private company. They can fire whoever they want, whenever they want. It doesn't matter if he wrote the essay on his own time or not.

I agree, but if their stated reason for firing him was abuse of company property and it hasn't been consistantly applied, then a discrimination suit is valid IMHO.

Groucho
08-18-05, 12:50 PM
It doesn't matter if there's a stated policy or not. Allstate can fire him because they don't like the way he ties his shoes.

sfsdfd
08-18-05, 12:50 PM
I cannot comment on my views on this article. <small><small><small><small><small>they're spying on us!</small></small></small></small></small>

- A Poster Who May Or May Not Be David Stein

Duran
08-18-05, 12:50 PM
And here he thought he was in good hands...

Actually I think Allstate probably is right. They guy probably did use company time, email, etc - but they are going to need to prove that.

Not really. He is the plaintiff. He needs to prove this constitutes religious expression. If it doesn't, that's the end of the story.

classicman2
08-18-05, 12:56 PM
Would it be o.k. if some of our members were fired because they posted on DVD Talk while at work? ;)

Red Dog
08-18-05, 01:09 PM
I agree, but if their stated reason for firing him was abuse of company property and it hasn't been consistantly applied, then a discrimination suit is valid IMHO.


It probably is, but it shouldn't be because like freedom of speech, equal protection should not extend to private employers.

Mark_vdH
08-18-05, 01:21 PM
"Anal Studs 13, with Matt 'Bam Bam' Barber."

Sounds pretty good....

Duran
08-18-05, 02:01 PM
It probably is, but it shouldn't be because like freedom of speech, equal protection should not extend to private employers.

Of course, I agree.

Would it be o.k. if some of our members were fired because they posted on DVD Talk while at work?

I doubt I'd think it was "o.k." if my employer terminated me for posting on DVDTalk at work. After all, I'd be unemployed, and I consider that a bad thing. On the other hand, I wouldn't disagree that they are well within their rights to do so.

Goldblum
08-18-05, 02:05 PM
It doesn't matter if there's a stated policy or not. Allstate can fire him because they don't like the way he ties his shoes.
True. But they can't fire him based on religious discrimination.

Dead
08-18-05, 02:26 PM
True. But they can't fire him based on religious discrimination.


From what little we're told about the article, it doesn't sound like a religious expression to me. It sounds like a generic op/ed piece that was sent to various conservative websites. Without something more than what's mentioned, I don't see how he expects to win a claim based on religious discrimination.

nemein
08-18-05, 02:31 PM
Wasn't there a woman who was fired for a Kerry bumper sticker? What happened w/ that case? That would seem similar to this one (if I'm remember that one correctly ;)).

AGuyNamedMike
08-18-05, 02:32 PM
I don't agree with his views, but I have to side with him against Allstate. If they, in fact, walked up to his desk and said "we don't like the way you tie your shows, pack your things." there'd be no problem. The fact that they cited specifically and explicitly the article and their belief that he had written on company time as the reason for termination is what gives me pause. That all being said, he won't get a dime.

kvrdave
08-18-05, 02:33 PM
Actually I think Allstate probably is right. They guy probably did use company time, email, etc - but they are going to need to prove that.

I would think that they would also have to prove that what he did was more than what others do wrt company time, email, etc. as well. If they have a past practice of allowing as much as he did, they will have a tough time claiming that is the reason he was fired, especially if he did not receive a reprimand or something similar for using company time, etc.

wmansir
08-18-05, 03:22 PM
Wasn't there a woman who was fired for a Kerry bumper sticker? What happened w/ that case? That would seem similar to this one (if I'm remember that one correctly ;)).

Here's the thread (http://www.dvdtalk.com/forum/showthread.php?t=385440). Last update has her working for the Kerry campaign.