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Employment Discrimination Report Discussions on Recent Legislation, Noteworthy Cases & Trends in Enforcement

Rest In Peace, Old Friend!

Posted in Religious Discrimination, Uncategorized

My partner Christina really touched a chord with readers, a slew of whom wrote in or otherwise commented on her post about a case in which saying “Bless you” in the workplace was alleged to be religious harassment.   More like a deluge!

Carl Jaskolski, an HR manager in the Milwaukee area, was moved enough by the discussion to compose a touching obituary on the passing of his friend, Common Sense.   Apparently Carl knew him well;  we hardly knew ye, Common!

We reprint his mournful thoughts here.

“Today we mourn the passing of an old friend, by the name of Common Sense. Common Sense lived a long life but died from heart failure on the brink of the millennium. No one really knows how old he was since his birth records were long ago lost in bureaucratic red tape. He selflessly devoted his life to service in schools, hospitals, homes, factories and offices, helping folks get jobs done without fanfare and foolishness. For decades, petty rules, silly laws and frivolous lawsuits held no power over Common Sense. He was credited with cultivating such valued lessons as to know when to come in out of the rain, the early bird gets the worm, and life isn’t always fair. Common Sense lived by simple, sound financial policies (don’t spend more than you earn), reliable parenting strategies (the adults are in charge, not the kids), and it’s okay to come in second.

A veteran of the Industrial Revolution, the Great Depression, and the Technological Revolution, Common Sense survived cultural and educational trends including body piercing, whole language and “new math.”  But his health declined when he became infected with the lf-it-only helps-one-person-it’s-worth-it” virus. In recent decades, his waning strength proved no match for the ravages of overbearing regulations. He watched in pain as self-seeking lawyers ruled good people.

His health rapidly deteriorated when schools endlessly implemented zero tolerance policies, reports of six-year-old boys charged with sexual harassment for kissing a classmate, a teen suspended for taking a swig of mouthwash after lunch, and a teacher fired for reprimanding an unruly student. It declined even further, when schools had to get parental consent to administer aspirin to a student but cannot inform the parent when the female student is pregnant or wants an abortion.

Finally, Common Sense lost his will to live as the Ten Commandments became contraband, churches became businesses, criminals received better treatment than victims did, and federal judges stuck their noses in everything from Boy Scouts to professional sports.  A woman who was stupid enough not to realize that coffee is hot and was awarded a huge payout caused Common Sense to finally throw in the towel.

As the end neared, Common Sense drifted in and out of logic but was kept informed of developments, regarding questionable regulations for asbestos, low flow toilets, bicycle helmets and mandatory air bags.

Common Sense was preceded in death by his parents Truth and Trust; his wife, Discretion; his daughter, Responsibility; and his son, Reason. Two stepbrothers survive him: My Rights and My Whiner.

Not many attended his funeral because so few realized he was gone.”

Requiem aeternam dona eis.

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  • SusieCreamCheese

    Only one comment:; You obviously don’t know the story of the woman scalded by the coffee, but a lack of common sense was not her problem. She was careful, she was not driving, and she was not holding the cup between her knees. She was a passenger and just holding the cup in front of her, trying to get the lid off, and she received THIRD DEGREE BURNS on her legs and bum – necessitating weeks in the hospital and skin grafts. It turned out that McDonalds was actually making it’s coffee hotter than they were legally allowed to, so it would stay hot longer for the customers. She was NOT at fault in this issue, and you are wrong to lump her in with all the folks who are truly bereft of common sense.

  • rcohenfox

    Accept.

    Richard B. Cohen
    Partner
    Fox Rothschild LLP
    100 Park Avenue
    15th Floor
    New York, NY 10017
    (212) 878-7906 – direct
    212-692-0940- fax RCohen@foxrothschild.com http://www.foxrothschild.com

    Read my “Employment Discrimination” blog: http://employmentdiscrimination.foxrothschild.com/