What type of lawyer should I pursue?

topic posted Fri, March 30, 2007 - 11:27 AM by  Michael
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The Brief: I am a vegetarian and an officer on a U.S. flagged ship. I've worked on this same ship for over 5 years and have recently begun being denied meals because the cook consideres me to be too much trouble to accomodate. Unfortunately for me, the captain agrees with the cook and the situation is boiling down to my either working in an unhealthy & unsafe condition or leaving my job (which I can't afford to do), only to potentially confront a similar situation on the next ship. I have been vegetarian (by religion) for over 10 years and have not run into an issue with it before. I'll be returning to my ship in about a week and I'd like to be prepared for the inevitable confrontation.

Any recommendations on actions to take? Would this case require an Admiralty Attny? Should I just eat the captain & cook?
posted by:
Michael
Texas
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  • Re: What type of lawyer should I pursue?

    Tue, April 24, 2007 - 3:20 PM
    You should look for a plaintiffs-side employment discrimination attorney. Your case would be that your employer is discriminating against you on the basis of your religion by not "reasonably accomodating" your dietary restrictions. If your employer accomodated your dietary restrictions for years before now refusing to do so, that strengthens your argument that it was not unduly burdensome on your employer to accomodate those restrictions.

    Assuming the facts are as you state them to be, it seems like a pretty strong case. One issue that might come up is the applicable law. I dont' know if admiralty/maritime laws have any exception to the general rules related to employment discrimination. I'm not an expert on admiralty or maritime law.
    • Re: What type of lawyer should I pursue?

      Tue, April 24, 2007 - 3:34 PM
      [I dont' know if admiralty/maritime laws have any exception to the general rules related to employment discrimination.]

      Actually, admiralty/maritime can be different. For anything on a boat, pier, etc., I'd suggest talking to an admiralty/maritime lawyer first.

      But I wouldn't be surprised: It is more difficult to be "accomodating" on a boat.
      • Re: What type of lawyer should I pursue?

        Thu, April 26, 2007 - 10:41 AM
        Thanks folks.

        I'm actually on my ship right now and seriously weighing my options. I'm guaranteed a big promotion, nearly doubling my salary here in three months, and I'm debating if I should "rock the boat", so to speak.

        As for being "accomodating", I've been keeping copies of our menus and what, specifically they've been feeding me, for the past year, in addition to other ammunition. So I'm coming fully loaded and ready for action! We'll see.

        I think you're right about the admiralty law issue. There are a lot of differences and I would probably be best off talking to someone who is familiar with the territory first. Anyone know of any professional journals or other such places where I could find listings of reputable attorneys?
        • Re: What type of lawyer should I pursue?

          Thu, April 26, 2007 - 1:43 PM
          FYI: Under the usual discrimination statutes, they can't retaliate against you for filing a dscrimination suit, or you could sue them for *that* as well (you are, in essence, whistleblowing). But that's true only if you protected by the usual statutes, which you may not be. (Hence finding someone who specializes in such things.)

          But if you are up for a promotion, not rocking the boat (so to speak, ha ha!) may be a good idea. It is one of those paper law versus real law situations...just because you can sue, doesn't mean it is the best (or even a good) idea.

          As for whom to consult, I don't have any recommendations, nor could I offer any better leads than some good googling might. Sorry.
        • Re: What type of lawyer should I pursue?

          Mon, May 7, 2007 - 4:50 PM
          maybe a civil rights attorney would help: focus on the religion issue ...
          however, as to "rocking the boat"... as long as you're up for a massive promotion, doubling the salary!!, would it be at all possible for you to take some of that extra money and just buy suitable dried (non-meat) goods when in port? that could settle this, unless the whole salary increase is "eaten up"!!
  • Re: What type of lawyer should I pursue?

    Mon, May 7, 2007 - 5:20 PM
    another thought: this is shocking that the captain agrees with the cook, as
    1) fruit and vegetables are always cheaper than meat
    2) they are about to promote you, so obviously like you a lot and
    3) our nation supposedly values the right of people to practice their religions!! even if you were a vegetarian athiest, you should have that option for moral/health reasons!!

    if you don't want to "bite the bullet" and pay with your salary increase, just keep in mind, if you sue, they fire you, you win (which you will), and they reinstate you (they would have to), you will probably come out financially ahead of the game, and have helped others with similar eating/religious issues stay in the military. Maybe this is just a matter of bringing your concerns to the head of the defense dept., representatives in congress, Nancy Pelosi, and even Bush!! They all say they care about religious diversity, and preserving the diverse nature of America!! Isn't that what this war is supposedly being fought for: to not be forced to obey a certain religion , and give up your own!!?? Tell them all to check out the First Amendment of the Constitution!! -F
    • Re: What type of lawyer should I pursue?

      Thu, May 31, 2007 - 9:53 AM
      Yeah Freddy, I've thought a lot about the potential ripple effect. It's a great opportunity to make some beneficial change in a slow evolving industry. I'm on a commercial ship, not military, so there's no need to bring Bush into the battle, it might go on forever if I tried that.
      Once I get the promotion, the job will not allow me to go ashore in port. I'm suspecting this fact, along with the fact that they just promoted me, will increase my leverage when I start applying pressure. For now it's beans-n-rice and PBnJ's. We'll see what happens. Thanks all for the discussion!
      ~Mike
  • Re: What type of lawyer should I pursue?

    Sun, May 4, 2008 - 11:03 PM
    Michael,

    I would look at it more from a problem-resolution perspective. Sometimes just educating people about the law in a tactful way can help to shift things. You have contract issues: Do you have employment guarantees in your contract or spoken or implied by behavior? Can you be fired at-will, or must it be for cause?

    And then you may have the civil rights issues regarding discrimination.

    I would suggest that you do some research, such as trying to find similar cases or situations. You could search "vegetarian employee ship rights" and various forms of that on Google or Webcrawler. You might find something on www.serph.com by typing in those words also.

    Once you find some sample cases, and have a more clear understanding of your contractual and civil rights in this context, then you might be in a stronger negotiation position.

    As a practical reality, you may want to wait until your promotion. That would show that the quality of your work was satisfactory, and also may give you a bit more clout either in negotiation or a lawsuit.

    Alternatives - can you just have the chef buy you the food that you need but not have to cook specially for you? Can you hook up a juicer/processor and do some raw? How about simple soups or other easy-to-prepare meals that you could do yourself or would be easy for the chef?

    Best of luck,

    Duane Light
    Holistic Attorney (CA)
    www.LightOnTheLaw.com