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Diskeeper Accused of Scientology Indoctrination
touretzky writes "Two ex-employees have sued Diskeeper Corporation in Los Angeles Superior Court after being fired, alleging that the company makes Scientology training a mandatory condition of employment (complaint, PDF). Diskeeper founder and CEO Craig Jensen is a high-level, publicly avowed Scientologist who has given millions to his Church. Diskeeper's surprising response to the lawsuit (PDF) appears to be that religious instruction in a place of employment is protected by the First Amendment." The blogger at RealityBasedCommunity.net believes that the legal mechanism that Diskeeper is using to advance this argument ("motion to strike") is inappropriate and will be disallowed, but that the company will eventually be permitted to present its novel legal theory.
There's one product I won't be buying anymore. Oh, and before you start, I worked for a company that tried to pull that indoctrination stuff on employees, until several people threatened them with the 'L' word and a few more quit nearly putting the company OOB. They stopped it fast.
Sig this!
Correct. There are several exceptions to the at-will doctrine in California. You can't be fired if you've been promised, even verbally, that you will not be. Further, you can't be fired for refusing to break a law, based on religion or various other types of discrimination, and a small handful of other reasons.
It is going to boil down to technicalities about whether Scientology practice (or "tech") is actually a religious experience, or just a workplace management strategy. Scientology has gotten very good at dancing across that line when it suits them.
When it's time to hand out tax exemptions, they're an association of faith. When they're incorporating Dianetics into secular practices, it's just a communications, planning, and skill development regiment.
DRM: Terminator crops for your mind!
Quite funny the results that come up when you search for l. ron hubbard and scientology on the diskeeper website http://www.diskeeper.com/Site-Search/SearchDestination.aspx?cx=002880524605280650330:dou154_yxny&cof=FORID%3A9;NB:1&ie=UTF-8&q=scientology&sa=Search and http://www.diskeeper.com/Site-Search/SearchDestination.aspx?cx=002880524605280650330:dou154_yxny&cof=FORID%3A9;NB:1&ie=UTF-8&q=hubbard&sa=Search Still i dont think he's advertising the religion enough with his software, surely it should have an "endorsed by church of scientology" banner etc. and maybe free coupons for their software if they convert or something.
Perhaps this is a semantic quibble, but the rule is really the flip side. They can fire for *any* reason so long as there is not a law (or common law court decision) that specifically makes the reason unlawful. Discrimination on the basis of race, sex, religion, national origin, marital status, and pregnancy are just a few of the proscribed reasons. Various state statutes add a lot more. At one point, Oregon had a statute that prohibited employers from taking adverse action against employees based on their non-workplace use of tobacco products (I don't know if this is still on the books). The point being, unless it is a specifically prohibited reason, the employer can use it as a basis for termination. In practice, things get much more complex and employers often use non-prohibited reasons as a pretext for firing someone for a prohibited reason.
Employers with a religious purpose (churches immediately come to mind) have limited leeway with respect to employing people who share the same religious belief (at least with respect to positions that are overtly religious in nature). For regular companies that offer non-religious services and products, the rules are much more restrictive and you would have to look at actual conduct rather than the naked fact of religious affiliation. A wiccan might not be able to hold a job as an ED nurse if she were required by her religion to display numerous dangling body piercings that could become entangled in tubing, patient body parts, etc. (not to single out witches but this is a matter I actually had to deal with). In this particular case, I canmpt imagine any defense that has been approved by any appellate court. Novel defense indeed.
Cult of $cientology's standard response to ANYTHING is "freedom of religion, nyah nyah nyah."
Caught evading taxes and breaking into the IRS? No problem - "Freedom of Religion."
Caught Trying to drive someone to suicide and framing them for crimes they didn't commit? No problem - "Freedom of Religion."
Making false medical claims? Drag a cross in the door, claim "Freedom of Religion."
Killed Someone? after removing them from a hospital? No problem - it was "Freedom of Religion."
Take advantage of a poor man having a stroke and playing "Weekend at Bernie's" with him to badmouth your critics? No problem - "Freedom of Religion."
Framing people? Lying about them under oath? "Fair Game" is a "Freedom of Religion" practice.
Ordering someone killed? Sorry, that's a practice of "Freedom of Religion."
If you can read this sig, congratulations, you have your glasses on!
Diskkeeper's contention seems to rely on the First Amendment to the Constitution, which is a higher law than the one you cite. It doesn't matter what state or federal law says if that law violates the employer's constitutional rights.
Now whether the employer actually has a constitutional right to force his employees to take Scientology classes is up for debate, but you can't win that debate by citing any number of lower laws.
I ran into a similar predicament at my former employer. Unbeknownst to me at the time of my interview and hiring there was a significant religious component that developed within the management group.
Our Vice President of operations based many of his decisions on who went to "his" church. Of course, none of this was provable but it became increasingly apparent when he would lead us in prayer at the beginning of our managers meetings twice a week. There were two of us who were not "team players" in this regard, a highly respected director and myself (I managed three different departments and had the highest reviews of any of the managers in the operations group).
When it came time for lay-off's, guess who was let go, the director and myself. Eventually the director was re-hired as a consultant. I decided to burn that bridge and when packing my personal effects I threw a notepad at the vice president and told him in a long tirade to get fuxed. Also, I refused to provide any future assistance when they called me later to figure out how to proceed on some of the projects I was working on.
Since this was in a "right to work" state I had little recourse and would not go back, even if they had doubled my salary and given me a public apology. I went on to a different company and made it my personal crusade to steer every customer away from my earlier employer. Sometimes those types of layoffs come back in spades and bite you in the behind.
Religious fanaticism, discriminatory hiring practices and the glass ceiling are still a major problem in many American companies to this day. I guess that you could fight these practices in court but in the long run, do you really want to work for people like this?
Let the best talent go to where we are appreciated and our quirks (religious beliefs, the shoes you wear, your not so politically correct conversation or personal convictions) matter the least. They say that it is a different job marketplace today with companies able to pick and choose who they want. It is a fool who does not hire the most capable and talented individuals because of some personal bias caused by their own ignorance.
Tisha Hayes
I think the obvious solution to this, should they actually have a legal basis, is to require that only NON-scientologists can be employed at a company.
After all, if the 1st amendment protects religious requirements for employment, isn't the inverse true as well?
Perhaps this isn't a road they should go down...
How ironic it would be if the guy who attributes his success to Scientology, kills his company's sales through forcing it to be taught to his employees. ;p
About two years after high school, I started working for a local office supply business as a low-level manager. The owners, all of the upper staff, and most everyone else were Scientologists. They never SAID anything about the training manuals being Scientology, but that is exactly what they were, and, of course, we were forced to study them and pass the tests. They never actively tried to recruit me or make me go to one of their churches/meetings/whatever (though it was mentioned politely a couple times) and didn't discuss it too much, but the manuals were enough to make it clear: Scientology was the way to move up in the company. I played the game for a while and did well there while managing to not become brain-washed, but, eventually, I had to bail. I'm a patient, easy going guy, but I could only take so much of their pseudo-scientific, pseudo-psychological, pseudo-religious cult junk before blowing a fuse.
What I want to know is, if Scientology was the key to success, why then did the business fail? That company no longer exists. :)
I hope this comment is well received... I could have moderated instead!
Persecutors will be violated!
My own experience with Diskeeper.
This was one of the most frustrating experiences of my life. I showed up for an interview at the L.A offices in 2002 or 2003. At the time I knew almost nothing of the COS. I did know that my current boss was from a family of hard-core COS followers. This was one of my last interviews of my "junior years". I'm un-ease, eager to please, eager to get a new job, dare I say, very impressionable.
So here I am waiting in the lobby. Looking around I see a row of huge books (10-12 inches tall), from L. Ron Hubbard, known to me only as a sci-fi writer, and I love sci-fi. Each book had titles related to good management, personal growth and similar stuff. More books a bit further, too far to see the titles. A picture of LRH was hanging on a wall in the back. Something was strange.
I meet the RH person, after a few nice words; the conversation turns on to Dianetics, how incredibly great it is, how it would help me like it helped others, and how we all owe it to the great LRH, and how incredible he was. I nod my head and am somewhat curious.
After some small talk, I am asked to do a quick personality test. I heard before that many businesses do this, but it was the first time for me. The questions where a bit strange, not quite like the personality test from high-school. Once done I gave it back and the HR "corrects it" on the spot in front of me. I then receive strange comment about some strength, and others I will need to improve.
I then get a quick tour of the place, where I am told that every new employee gets a free (and mandatory) "3 day seminar" on the week-end before they start working. After that the employees must stay at the office several evenings for a few hours for at least a month (less often after that) to receive evaluations and more "training". They really want to keep people educated to the latest technology was my thought.
More small talk walking around. Back to the lobby, "We will call you soon for another meeting. Once home, curious about that test I hit Google with some of the questions I remembered from the test.
I was in shock! I studied COS the entire week-end and felt violated in my intellectual integrity. Looking back at it, this was clearly some attempt to enrol me into COS. The test is a sham, not recognize by any real professional in any science. Many claim it's purposely design for failure, you need help and guess who will help you.
Reading on I realized that almost every phrase I heard was to lure me into COS. The "free 3 day seminar" coukd only be the horrible COS spirit breaking seminar used to bring new sheep in. The following evenings of reviews were for COS audits.
I started to be angry. I read that like many cults they use these seminars to manipulate people in despair looking for help. I quickly understood that depressed by a boring job I was in the right state of mind to be a victim. Now I was just mad.
Worst part was, the more I read on scientology and "audits" treatment, the more I realized my current boss (from a family of COS) was using these tactics at work. Making you feel like crap, incompetent, never doing any good work, so when he asked anything we would all comply ASAP. At least it was a wake up call, I changed job, realized how good I really am, and hated the COS ever since ... and it's personal.
Well, yes, actually. If I'm opposed to the owners of a company actively contributing millions of dollars to a cause I strongly disagree with, I would discontinue funding this person's personal wealth. I also would not, if given the opportunity, to work for such an individual.
I would also look for alternatives, since there are almost always an alternative. If none can be found, then I would have to determine how important this product is. I have not found a need for defragging except for in the case of making a partimage of the disk.
Blah blah, we've all heard this stupid defintion nit picking before, here's the other side of it as expected. (sorry, agnostisism is always presented as some bloody middle ground)
One refers to if you think god is knowable (gnostic vs agnostic), one refers to personal belief (Is there a god). I'm for example am an Agnostic Atheist... normally I don't bother to mention agnostic because it's unnessisary. I also don't mention a thousand other clarifiying words to pinpoint it.
Agnostic means you don't think it's possible for humanity to know if there is a god or not, it has nothing to do with if you believe there is one or not.
Example; I'm agnostic to there being pink elephants in the core of the earth. I don't believe they are there, but I don't think we really have any way to find out.
Beware of he who would deny you access to information, for in his heart, he dreams himself your master.