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The Question Trump Should Have Asked.

9/28/2016

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By Wesley Middleton
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​No, this is not a political statement. It is just a statement I believe to be true and by throwing Trump in the title it got you to open my post. You are going to want to read this! The debate presented a perfect opportunity to demonstrate the why.

The why. I always ask why. I always want to know why. Not what. You can tell me what you do, but I can probably figure that out on my own.

If you are a lawyer, I've got a pretty good chance of knowing what you do. Why do you do it? Therein lies the root and foundation of everything! Consider the following analysis.....
My career revolves around tax strategy. Minimize taxes. Trust me, neither the democrats or republicans I work with are trying to maximize the amount they pay the IRS. If they were, no one would itemize. Why deduct that mortgage interest, taxes and charitable giving if you want to be "American"?

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Why Would You Refuse?

9/27/2016

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When You Can Accommodate Your Employees' Religious Beliefs at No Cost or Disruption
By Michael Cork
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Last Friday, September 23, 2016, the Equal Employment Opportunity Commission filed suit against Saint Vincent Health Center for allegedly firing six employees after they requested—and the hospital denied—requests for religious exemptions from the hospital's October 2013 mandatory flu vaccination. The suit was filed in the United States District Court for the Western District of Pennsylvania and was assigned to Judge Barbara Rothstein.

​The six former employees of Saint Vincent were technicians and nurses. They represent a "party mix" of religious beliefs: one non-denominational Christian with no church affiliation, one Christian Mystic, one Baptist, one Methodist, and two Russian Orthodox Christians.  The accommodation requested would have allowed them to wear face masks in lieu of receiving the vaccination. Saint Vincent denied all eleven of the religious accommodations it received during the 2013-2014 flu season (the six former employees represented by the EEOC and five others). But during the same time period, the hospital granted 14 requests from employees seeking medical exemptions from the vaccine.
The complaint alleges that Saint Vincent maintains a policy providing for the accommodation requested—face masks—based upon sincerely-held religious beliefs or medical reasons. According to EEOC District Director Spencer H. Lewis Jr., the case represents "a classic example of how an employer could have accommodated an employee's religious beliefs at no cost or disruption, but instead chose the costly route of discrimination." Hospital representative Monica Lewis said "[w]e respectfully disagree with the EEOC’s position and characterization of how the employee claims outlined in its lawsuit were handled …."

When addressing requests for religious accommodations, employers may inquire as to the nature of the religious belief(s) and alleged conflict with the work-requirement, in order to analyze the requested accommodation and the need for any accommodation. And the employer may inquire about the sincerity of the beliefs in question. But the accommodation does not depend on whether the employer agrees with the employee's religious beliefs, or whether those beliefs are recognized by, or the official doctrine of, any established religion. That the employer finds the beliefs in question peculiar or idiosyncratic is of no consequence.
Once the employee demonstrates a sincerely-held religious belief that conflicts with a work-requirement, the employer is obligated to accommodate that belief, not necessarily with the employee's requested accommodation, but with an effective means of addressing the issue. One defense available to the employer is that of "undue hardship" in accommodating the religious belief. "Undue hardship" in the Title VII–religion context is different from "undue hardship" under the Americans with Disabilities Act. An employer claiming undue hardship as to a requested religious accommodation need only show that the accommodation involves a de minimis amount of additional cost.

Here, if the facts alleged are true or mostly true, Saint Vincent may have difficulty claiming undue hardship. During the same relevant time period, the hospital provided the inexpensive "face-mask" accommodation to fourteen employees seeking medical exemptions, but it denied all eleven requests for the same accommodation based on religious beliefs.
If successful, the EEOC's action against Saint Vincent Health Center could have a broader impact. Saint Vincent is affiliated with the Alleghany Health Network, a subsidiary of Highmark, Inc., the largest health insurer in Pennsylvania.

This article is intended for informational purposes only and should not be treated or interpreted as legal advice. For specific advice, contact the attorney of your choice.
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Millennial Defense 2.0

9/27/2016

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By Wesley Middleton
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​​It is 2.0 because this isn't the first time that I've come to the defense of a generation that takes more than it's fair share of criticism. Over the last 20 years, I've spent my fair share of time reading business and leadership books. I don't know exactly when it became en vogue to "be a person of influence", but it wasn't recently. I do know it was at a time in my career that I really wasn't looking for someone to influence me. It was harder to influence others because they either didn't understand what they needed or simply resisted the influence.

​When I had the first inGroup meeting at church and I observed the audience, I realized another incredible characteristic of the Millennial generation; they thirst for influence. I left the meeting thinking, what just happened? Did they actually want to hear what I had to say and engage or was it the Starbucks coffee and Tiffs Treats?

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Why employers should mediate EEOC charges

9/13/2016

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by Michael Cork, Esq.
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Recent federal court statistics reveal that 78% of all civil cases settle. An additional 20% are decided on dispositive motions-the majority of those in favor of defendants. Thus, only 2% of all cases filed in federal court go to trial. This comports with what any of the federal magistrates in the Southern District of Indiana (and just about anywhere else) will tell you at the beginning of a settlement conference. Interestingly, about half of the 2% of tried cases are employment disputes.

Employment discrimination disputes, by design, involve a long, drawn-out process. The sheer length is designed—not only to weed out groundless claims—but to use “litigation fatigue” effectively to cause cases to settle. But attorneys' fees and costs accrue along the way, so any opportunity for early resolution should be evaluated. One of the earliest opportunities to effectively address a charge of discrimination occurs at the EEOC.

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Sermon: God's Purpose In Our Work

9/4/2016

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​By John Kessler, The Pointe Church, September 4, 2016
​Part two in a series of ten sermons delivered in the fall of 2016 at The Pointe Church in Fort Wayne, Indiana. John's sermon begins at 0:35. http://www.thepointechurch.net​
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  • Home
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    • Service - Speaker Bureau
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  • Speakers
    • Brad Lindemann >
      • Lindemann-In Business For Life
      • Lindemann-Corporate Culture
    • Curt Smith >
      • Smith - Cancer Lessons: The Ultimate Answer is Faith
      • Smith - Credit Unions Going to Church?
      • Smith - Christian Education, Reflections from a Satisfied Customer
      • Smith - Deicide and RFRA of 2015
      • Smith - Be The Match, Marrow Donor Program
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