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Refusing to sell condoms: Is this legal?

 
 
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foundThroughAdminSig
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PostPosted: Sun Oct 15, 2006 8:40 am    Post subject: Refusing to sell condoms: Is this legal? Reply with quote

Suppose that you are a devout catholic. Suppose that you work at a pharmacy. Supposed that you are personally against the use of condoms. Now suppose that the next customer brings a bunch of condoms and you refuse to sell those because of your religious belief.

Your boss finds out about it later, and he/she fires you because you refused to sell the store products. However, your take is that you simply did so because of your religious belief. Is this (firing) legal in US? Is this legal in UK?

I'm just curious to know ...
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PostPosted: Mon Oct 23, 2006 12:35 pm    Post subject: Reply with quote

I don't know the answer to your question but it reminds me of a recent story in the UK which you might be interested to read:

http://news.bbc.co.uk/1/hi/uk/6051486.stm
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PostPosted: Mon Oct 23, 2006 5:14 pm    Post subject: Reply with quote

Harking back to my legal study days, the law of contract states that you must have an offer, acceptance and consideration for a legal contract to be in existence. So if you go to a shop you are in effect offering to buy a product which the shopkeeper accepts. The consideration is the money given for the product exchanged.

Refusing to sell a product is the right of any person not to enter a contract, so in the UK that is not against the law. If you are an employee, then you have enterered into a contract with the employer to abide by the employers terms in selling their products. Refusing to sell on personal grounds can be viewed as acting outside these terms depending on the level of awareness the employer has about them. Therefore, a vegetarian would be hard pressed to have a greviance for not selling meat in a butchers.

Religious beliefs are a lot different, and I would be loath to enter into a hypothesis as the laws have changed vastly since I studied, suffice to say, that there is nothing guarunteed in law...
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trev
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PostPosted: Wed Oct 25, 2006 11:55 am    Post subject: Reply with quote

Personally I would fire them for gross misconduct or at the very least give them a written warning as it could be seriously damaging to the business.

Refusing on religious grounds doesn't sound like a very good idea as it could easily be argued that anyone with any common sense should know such products are going to be sold in quite large quantities from a chemists shop, thus if they objected that much it's daft working there.

Same as the vegan in the butchers shop example really.

Trev
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PostPosted: Thu Oct 26, 2006 12:45 pm    Post subject: Reply with quote

I hope it would be legal to fire them. They shouldn't work in a store that sells modern supplies if they are going to be all religious about what they sell for someone.
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