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Writers lose appeal against newspaper

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Two former editorial writers at Indiana's largest newspaper failed to prove they were the victims of religious discrimination, the 7th Circuit Court of Appeals ruled today.

James Patterson and Lisa M. Coffey claimed their former employer, The Indianapolis Star, engaged in systematic discrimination against "traditional Christians" who believe homosexual conduct is a sin. They said the Star's top editors opposed public expression of religion in the workplace and discriminated against those who opposed homosexual conduct because of their religion. Patterson and Coffey also argued the paper "softened" its views on homosexuality once Dennis Ryerson became the editor.

Coffey worked for the paper from 1999 until she resigned in October 2003 following an offer to move back ­- full time - to the copy desk, the position she held when she was first hired. The move was prompted by Coffey's continuous misuse of the paper's overtime policy, according to court documents.

While working as an editorial writer, her editors refused to publish an editorial about HIV risks associated with sodomy because of explicit detail about anal intercourse. She was also warned about proselytizing at work.

Patterson joined the Star as an editorial writer in 1995. Court documents note his work was repeatedly plagued with factual errors and often required printed corrections. Even after being placed on a performance-improvement plan, Patterson's editorial errors didn't decrease. Patterson, who is African-American, was fired after 18 months on the plan in May 2005.

In James Patterson and Lisa M. Coffey v. Indiana Newspapers Inc., No. 08-2050, the Circuit judges noted that it accepted the Star's version of the facts, just as the District Court did, because Coffey and Patterson didn't comply with Local Rule 56.1(b).

The Circuit Court then affirmed summary judgment for the Star, finding the two failed to make prima facie cases of religious discrimination. Although both established they belonged to a protected class and suffered an adverse employment action, they failed to prove they performed their jobs according to the paper's legitimate performance expectations and that they were treated less favorably compared to other similarly situated employees outside the protected class, wrote Judge Diane S. Sykes.

Neither employee could prove they were meeting the Star's legitimate performance expectations - Coffey repeatedly violated the overtime policy and Patterson continually made factual errors within his writing.

Patterson's claims for age and racial discrimination, and retaliation, also failed for the same reasons his religious discrimination claim did, the judge wrote.

The two also brought state-law claims for negligent infliction of emotional distress, which the District Court properly dismissed because getting fired from a job doesn't qualify.

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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