(1010 WINS) (HAUPPAUGE, N.Y.) A Ku Klux Klan gown and hood, swastika-adorned clothes, a portrait of Adolf Hitler and dozens of weapons were found at the Long Island home of an elementary school janitor, police said. Joseph Donato Jr., described by authorities as a janitor at John Quincy Adams Elementary School in Deer Park, pleaded innocent in Suffolk County District Court to two criminal gun-possession charges. He was released after posting $2,500 bail. Donato told investigators he was a “very active member” of the Klan, which promotes white Christian supremacy, District Attorney Thomas Spota said.
–Sooo, if this charmer is found innocent of the gun-possession charges, can the school district fire him for being a Klan member and Nazi? Or are both legal–if gag-inducing–activities? Could he sue if fired?
IANAL, but if he’s employed in an at-will state, he can be let go for any reason. I don’t believe that membership in either the Ku Klux Klan or the Nazi Party is illegal, but I’m sure the school district could find other, legitimate reasons to let him go. He’d have to prove that the school district fired him for his political affiliations. They may also have written conduct policies which membership in these oprganizations may violate.
In the course of my job I’m learning far, far too much about New York school labor contracts - which generally are about as far from “at-will” as they could be. Many contain elaborate prohibitions against dismissing school employees on the basis of political beliefs or activities. Felonies, however, are a whole different thing. So if Deer Park’s contracts are similar to those I’ve heard about in other districts, their best bet is probably to wait until the bastard’s been found guilty on the weapons charges.
Being in any organization other than a criminal one (as per RICO) is legally protected under the First Amendment’s `free association’ clause.
Neither the Klan nor the American Nazi Party is a criminal organization, despite their odious beliefs and the criminal actions of some of their members.
Yeah, this reminds me of the conversation I had with a German guy, in which he was shocked to learn that it’s legal to be a Nazi in America. It had not really occurred to him, living in Germany and next to all those countries who weren’t about to let the Nazis come back when they’d had to kick them out by force once already.
Hypothetically, yes. The reality, as one may infer from OxyMoron’s post, is that few schools (particularly in the long-unionized North) would be hiring under at-will conditions. “At will” applies as the default, provided no other contract supersedes the default. There are not many schools where the employees have not already organized, so in most places there will be a negotiated contract governing hiring and firing that supersedes the “at will” provisions of the state labor laws.
Similarly, most government agencies are run under the direction of either the state or Federal civil service. The civil service rules will override any generalized state laws.
in 1987 they fired a local school librarian because they thought she was a witch yes 1987 and i live in at- will work state so i imagine they can fire him for whatever reason they want
For what it’s worth, it’s illegal for me to be a Nazi or a Klan member. I work for New York state and the agency I work for has a written policy prohibiting employees from joining those groups. It’s possible the Deer Park school district has a similar policy.
Let me state that both of those organizations are detestable. Neither advocate the majority view. However, the bolded part of your quote I take exception to. This is a dangerous precedent to be advocating. Switch gay and lesbian groups with KKK and Nazi party. I’m sure you can see the outrage this action would cause.
I couldn’t find the article mentioned above anywhere, but www.witchvox.com has sections on violations of Wiccan rights (e.g. in child custody battles, banning pentagram jewelry at school, etc.) and their depiction in the media.
Not necessarily. Contracts that include prohibitions on ‘unbecoming conduct’ are, if not common, at least not unheard of.
‘Unbecoming conduct’ can cover a wide variety of things, but usually includes behavior that, if the government tried to prohibit it, would fall under first amendment protections (basically “stuff that may be legal but we still don’t like”). What the government is prevented from requiring of its citizens and what a business is prevented from requiring of tis employees are very different things. Especially in cases where the requirements and restrictions are spelled out in a contract that the potential employee is free to reject.
Isn’t it usually true that if one is a member of the KKK or some other “Go Whitey! group” and draws attention, then law enforcement looks long and hard to find some law that is being violated?
Problem with a gun permit, illegal assemble, slander….
I’m not sure about this, tom – it seems to me that a public school, as an arm of the state, is constrained by the 14th Amendment to a more restrictive employment policy than a private business would. I don’t know enough employment law to be certain, but I do know that a job is considered a property interest and therefore a government employee cannot be deprived of it without due process. He can be laid off as part of a budget-cutting process, but to be specifically terminated the school will need something more than would a private institution. (Setting aside the fact that, as you note, in all likelyhood a collective bargaining agreement controls either way.)
