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Jehovah’s Witness Says Firing Was for Not Saying ‘Merry Christmas'

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By Jon Steingart

Nov. 15 — Murphy Oil USA Inc. violated federal religious discrimination law when it fired a Jehovah’s Witness who refused to comply with a district manager’s command to wish customers a merry Christmas, a new lawsuit in Tennessee alleges ( Appleyard v. Murphy Oil USA, Inc. , W.D. Tenn., No. 1:16-cv-01290, complaint filed 11/10/16 ).

Many employers deal with religious diversity in their workforce and customer base. About 71 percent of the U.S. population identify as belonging to some form of Christianity, with the rest being of another religion or unaffiliated, government data show.

Jehovah’s Witnesses don’t celebrate Christmas, plaintiff Richard Appleyard said in the complaint. Their faith also prohibits them from wishing others a merry Christmas.

“Civil rights laws require employers to provide religious accommodations for the religious practices of their workers and that includes accommodating religious objections to performing job duties,” Daniel Mach, director of the American Civil Liberties Union’s Program on Freedom of Religion and Belief, told Bloomberg BNA Nov. 15.

Manager Belittled Worker’s Religion

A Murphy Oil district manager made disparaging remarks about Appleyard’s faith before the Christmas season, according to the complaint, filed Nov. 10 in the U.S. District Court for the Western District of Tennessee. Appleyard said the company’s stated reason that it fired him from his position as a gas station cashier because his register was short was a pretext for religious discrimination.

Murphy Oil USA Inc. is a subsidiary of Murphy USA Inc. that operates gasoline stations. In 2013, Murphy USA was spun off from parent company Murphy Oil Corp., which is an oil and gas exploration and production company.

‘A Lot of Different Options.’

Accommodations may come in different forms, the head of another religious freedom organization told Bloomberg BNA. An employee who can’t perform a job duty because of a religious objection may be able to direct customers to a colleague, Mat Staver, founder and chairman of Liberty Counsel, said Nov. 15. Liberty Counsel says it’s a Christian ministry whose purpose is to preserve religious liberty.

Asked whether there could be situations when sending customers to a co-worker might not be an feasible accommodation, Staver said it would only be a problem “if you only have one single source of information communicating to the public, maybe a single receptionist.” He added, “Even then it would seem as though a reasonable accommodation would be to allow the person to say season’s greetings.”

“It seems like there’s a lot of different options,” Staver said.

Michael Weinman of the Weinman Thomas Law Firm in Jackson, Tenn., who represented Appleyard, didn’t immediately respond to a Nov. 15 request for comment.

An attorney hasn’t entered an appearance for Murphy Oil USA. Parent company Murphy USA didn’t immediately respond to a Nov. 15 request for comment.

To contact the reporter on this story: Jon Steingart in Washington atjsteingart@bna.com

To contact the editors responsible for this story: Peggy Aulino atmaulino@bna.com; Terence Hyland at thyland@bna.com

For More Information

The complaint is available at

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      Police officers arrested Jehovah's Witness Masharipov on 30 June 2016 in a park in Ashgabad, Jehovah's Witnesses told Forum 18. He was then transferred back to his home city of Dashoguz, where he was held in the city's Interior Ministry's Investigation Prison (DZD/7).

      Police had been hunting for Masharipov since summer 2014 to punish him for exercising the right to freedom of religion or belief. On the morning of 3 July 2014, six police officers and officials had come to his home in Dashoguz as part of "preventive measures" because of his "adherence to the Jehovah's Witness religion", the August 2016 court verdict notes.

      One of those raiding Masharipov's home was Hudainazar Artykov, an official of the Religious Affairs Department of the Regional Hyakimlik (administration)

      The police officers asked Masharipov to hand over all his literature about religion. He "voluntarily" gave them 22 copies of the New Testament and other books, 15 religious leaflets, 42 religious discs, 7 exercise books with religious notes, 304 pages of religious notes, a religious calendar and a computer notebook containing six or seven Jehovah's Witness films. Masharipov told the officers he had been given these items by an unknown individual on a visit to Uzbekistan. Officers also seized his mobile phone.

      The officers then demanded that Masharipov go with them to the police station for – in the words of the verdict - "explanatory work" and "preventive measures in connection with his adherence to the Jehovah's Witness movement", but he refused.

      Police officer Gurban Khanov claimed that once outside the block of flats, Masharipov tried to run away. Officers then grabbed him by the arm to try to put him in the police car. Khanov claimed Masharipov tore the lower button and left epaulette from his police uniform before they managed to get him into the car.

      Masharipov was charged under Criminal Code Article 211, Part 1 with assaulting a police officer, "although it was the police officers who had subjected him to rough physical mistreatment," Jehovah's Witnesses told Forum 18. "Mansur Masharipov has previously endured abuse, even torture, for his peaceful religious activities."

      Criminal Code Article 211, Part 1 punishes "The threat of murder or use of violence not dangerous to life or health in relation to a law-enforcement or military officer or those close to them in connection with the carrying out of their duties in protecting law and order". Punishment is corrective labour or a prison term of up to two years.

      Did police assault and lodge false charges against Masharipov?

      Masharipov's fellow Jehovah's Witnesses gave Forum 18 in late July 2014 a different account of what happened on the day he was detained (see F18News 1 August 2014 http://www.forum18.org/archive.php?article_id=1981).

      Once the search was complete, one of the plain-clothed police officers grabbed Masharipov from behind by the neck, "choking him so he could not breathe, and then dragged him into a waiting vehicle". Once in the vehicle, the officers "began to beat him repeatedly on his head and on his body above his kidneys".

      At 12 noon the police took Masharipov to Dashoguz City Police Station, where he was again beaten. From there he was taken to a supervisor's office where the police began to openly discuss what pretext they would use to justify placing him in detention. They brought in police officer Ruslan Jumaniyazov (who had been present during the raid), who said he would claim that Masharipov had ripped off his shoulder insignia while resisting arrest.

      At 1 pm Masharipov was returned to Dashoguz City Police Station, where he was again beaten. "The police threatened they would place him in a 'harem' cell with male prisoners where he would be raped," Jehovah's Witnesses told Forum 18 back in July 2014.

      The police gave Masharipov a document in Turkmen, which he does not understand, and forced him to sign it. They claimed the document contained a report that they had seized religious books during the search of his flat. The officials included three officers from the Ministry of State Security (MSS) secret police and one representative of the religious affairs department of the Regional Hyakimlik.

      Police again threatened that they would charge Masharipov with ripping off the insignia of a police officer. Local policeman Merdan Khanov (also present during the raid) stated that he would testify to this effect.

      In the afternoon, the police took Masharipov to Dashoguz City Prosecutor's Office. The prosecutor took a statement from Masharipov and he was then returned to Dashoguz City Police Station and again beaten.

      Some of the same police officers in Dashoguz were also involved in accusing another local Jehovah's Witness of tearing off the insignia from an officer's uniform. The same Artykov from the regional religious affairs department testified that Bibi Rahmanova had assaulted the officer in July 2014 within days of Masharipov's detention. She received a four-year prison term the following month, but had her sentence suspended on appeal in September. This meant she was ordered to serve the rest of her sentence at home under travel restrictions (see F18News 28 October 2014 http://www.forum18.org/archive.php?article_id=2009).

      The duty officer at Dashoguz City Police refused to discuss with Forum 18 in August 2014 the treatment of Masharipov by its officers.

      Tortured with drugs

      At 6 pm on 3 July 2014, police took Masharipov to the Drug Rehabilitation Centre in Dashoguz. "This was done as a pretext to justify his detention," Jehovah's Witnesses told Forum 18. "The medical staff administered four injections to Mansur Masharipov, one in each buttock and two below his shoulder blades." His arms and legs became paralysed and he vomited throughout that evening and the following day. He also began to suffer a high fever and severe headaches.

      Fearing further torture, Masharipov escaped from the Drug Rehabilitation Centre on 5 July 2014 and fled from Dashoguz.

      Dashoguz sentence

      Following the arrest of Masharipov in Ashgabad on 30 June 2016, police and prosecutors revived the criminal case against him. As well as accusing him under Criminal Code Article 211, Part 1, Dashoguz City Prosecutors' Office also considered accusations under Criminal Code Article 177 ("Incitement of social, ethnic or religious hatred"). However, on 1 August Prosecutors abandoned charges under this Article.

      On 18 August, Judge V. Amanov of Dashoguz City Court heard the case against Masharipov not in the court, but at a hearing held in the city's Housing Trust. Judge Amanov found Masharipov guilty under Criminal Code Article 211, Part 1. He sentenced him to one year in a general regime labour camp, according to the verdict seen by Forum 18. Masharipov denied the allegations against him in court.

      Police officer Gurban Khanov, described as the "victim", testified in court and called for Masharipov to be punished. The verdict notes that a 5 July 2014 medical report on Gurban Khanov had not found any injuries.

      Also testifying in court was regional religious affairs official Artykov. He told the court that Police had already destroyed the New Testaments and other religious literature confiscated from Masharipov during the raid on his home in July 2014. However, the verdict also quotes an 8 July 2016 letter from the Muftiate representation in Dashoguz Region to say that the confiscated books had been handed over to the government's Commission for Work with Religious Organisations and Expert Analysis of Resources Containing Religious Information, Published and Printed Production before being destroyed.

      Forum 18 has been unable to obtain a copy of the Muftiate letter, which is Page 118 of the case file.

      The Commission was established in summer 2015 to replace the Gengesh (Council) for Religious Affairs, the government body controlling religious communities (see F18News 18 April 2016 http://www.forum18.org/archive.php?article_id=2169).

      The verdict does not explain why Masharipov's religious literature was destroyed.

      The verdict ordered that his confiscated computer and mobile phone should be transferred to the state.

      The prison term was deemed to run from 30 June, the date of his arrest, with each day in pre-trial detention counting as the equivalent of two days' labour camp.

      Forum 18 was unable to reach Judge Amanov at Dashoguz City Court on 21 September. It was also unable to reach regional religious affairs official Artykov the same day.

      Appeal lodged

      On 30 August, Masharipov lodged an appeal against his conviction – seen by Forum 18 - to Dashoguz Regional Court. He denied the police account that he had used force against them, noting that because of his faith "for me an individual, their worth, life, rights and freedom are of great value". He added that "my religion teaches and helps me to relate to other people with deep respect and love".

      Masharipov recounted the beatings and rape threats from police officers after his 3 July 2014 detention. He added that later that afternoon, when he was brought out of the Prosecutor's Office, he tried in vain to run away. He was then beaten again "right on the street". Beatings continued once officers had taken him back to the police station.

      Masharipov also recounted that at the Drug Rehabilitation Centre, staff gave him four injections "after which I felt sick, I had a headache and a high temperature and it was almost impossible for me to move". "On 5 July 2014, out of fear for my life and my health, and with the aim of preserving them, I fled from the Drug Rehabilitation Centre."

      Masharipov – who says he does not smoke or drink alcohol – questions why he was sent to the Drug Rehabilitation Centre with no court decision. He notes that on 7 July 2014 he sent complaints about the Police conduct to the Interior Ministry and, the following day, to the General Prosecutor's Office. On 30 March 2015 he sent a complaint to President Gurbanguly Berdymukhamedov.

      In his appeal Masharipov also complained about procedural violations. He said he had not been given the opportunity to acquaint himself with the accusations against him, and that the July 2014 house search had been conducted without a search warrant from the Prosecutor's Office.

      Masharipov insists that the case against him violates the protection of the right to freedom of religion or belief outlined in Turkmenistan's Constitution and the International Covenant on Civil and Political Rights, to which Turkmenistan is a party.

      No-one at Dashoguz Regional Court would confirm to Forum 18 on 21 September whether any appeal hearing has yet been set in Masharipov's case.

      If Masharipov's appeal is rejected, he is likely to be sent to serve his sentence at the general regime labour camp in the desert just outside the eastern town of Seydi in Lebap Region.

      UN appeal

      Jehovah's Witnesses lodged an urgent appeal on 11 July 2014 about Masharipov's case to the United Nations (UN) Working Group on Arbitrary Detention and the Special Rapporteur on Freedom of Religion or Belief in Geneva.

      The appeal – seen by Forum 18 – gives details of the abuses in Masharipov's case and includes photographs of scars on his arms, legs, stomach, back and one cheek which Jehovah's Witnesses say were inflicted on him in police detention.

      The appeal also covered abuses against three other Jehovah's Witnesses (see F18News 1 August 2014http://www.forum18.org/archive.php?article_id=1981).

      No charges against police officers

      The verdict in Masharipov's case also reveals that Prosecutors considered criminal cases against two police officers involved in the July 2014 raid. Dashoguz City Prosecutors' Office considered criminal charges against Gurban Khanov and Jumaniyazov under Article 181 ("Misuse of official powers"), Article 182 ("Exceeding official powers") and Article 182-1 ("Torture").

      Dashoguz City Prosecutors' Office dropped these charges on 1 August 2016. The verdict gives no reason for the decision.

      Under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Turkmenistan is obliged to arrest and try under criminal law any person suspected on good grounds of having committed torture. (END)

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    • Guest Nicole
    • By The Librarian
      Soleil, fue anunciada como un publicadora no bautizada en Tennessee, EE.UU.. Se puede decir que ella estaba muy emocionada.
       
    • By The Librarian
      A brother posted a photo of a newspaper saying "Pope Benedict: Jesus wasnt born of Dec. 25" it surprised me so i search it in the internet and then i found out that it is true.

      The present Pope released his newest book that also debunks Christmas myths.

      FINALLY, after hundred of years on deceiving its members by following a false tradition, the Pope admits DEC. 25 was not the birth date of Christ, he also said that Christ born several years before 1 A.D, meaning to say, the creator of the Christian calendar that we use today committed a big mistake, as he claim.
      Here are some news articles about it (for more, you can search it in your favorite search engine):

       
       ______________________________   ______________________________   
    • Guest Nicole
      By Guest Nicole
      Russian President Vladimir Putin signed legislation this week that severely restricts freedom of religion by prohibiting any religious speech or evangelization outside of places of worship.
      “This new situation resembles the Soviet Union in 1929. At that time confession of faith was permitted only in church,” said Dr. Hannu Haukka, president of Great Commission Media Ministries, reports National Religious Broadcasters (NRB). “Practically speaking, we are back in the same situation. These anti-terrorist laws are some of the most restrictive laws in post-Soviet history.”
      The new law, which goes into effect July 20, is actually an amendment to a package of laws against terrorism and extremism approved by the Russian Parliament’s upper chamber. As a result of the legislation, faith sharing in homes, in the media, online, or any place other than a government recognized church is prohibited.
      The measure is expected to especially affect evangelical groups and Jehovah’s Witnesses who often share faith in homes rather than traditional churches.
      In a column at the Daily Signal, U.S. Sen. Ben Sasse (R-NE) wrote the new law is “an affront to free people everywhere.”
      “We need to begin telling the truth about an increasingly aggressive actor in global affairs,” he said. “This Russian law would be an affront to free people everywhere—at home and abroad—who believe that rights of conscience—the rights to free speech and to freedom of religion—are pre-political.”
       
       
       
      Religious freedom attorneys and human rights groups are already preparing an appeal to Russia’s Constitutional Court, reports Forum 18. The legislation drew widespread protests and religious leaders are uncertain how they can fulfill the law’s obligations.
      “Today is indeed a black day on the calendar,” lawyer Vladimir Ryakhovsky of the Slavic Centre for Law and Justice posted on his Facebook page. “Hope was that Vladimir Putin would not in the end sign this law. A law which openly contradicts the gospel command ‘go and make disciples’ and, in addition, violates the constitutional rights of citizens.”
      Mikhail Fedotov, chairman of the Presidential Council on Civil Society Development and Human Rights, protested the new amendments directly to Putin, asserting that they “create unjustified and excessive restrictions on the freedom of conscience of believers of all religions, and encroach upon the fundamental constitutional principle of non-interference by the state in the internal arrangements of religious associations.”
      Financial penalties for violating the law are reportedly up to 50,000 roubles for individuals and up to one million roubles for organizations.
      “We are distressed by the law and see it as repressive for believers in our country, because the law contradicts the Bible,” said a spokeswoman for the Council of Churches – Baptists. “We must assume there will be repression and persecution.”
      “The United States government and all other nations that profess a commitment to religious freedom should urge Russia to repeal this unjust law, NRB President Dr. Jerry A. Johnson said. “Let’s pray this new iron curtain of Christian persecution in Russia will be lifted quickly and without harm to our brothers and sisters in Christ.”
      http://www.breitbart.com/faith/2016/07/10/putin-signs-measure-revoking-religious-freedom/
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