12.7.14

Hobby Lobby v. Birth Control. Or why religious freedom is just a cover for oppressing the poor.

In internet time, it has been decades since The Supreme Court (SCOTUS) decided the "hobby lobby case" regarding what constitutes beliefs and when and how those beliefs can be imposed on those around us. It was not a win for religious freedom nor a win for women's rights which somehow in the media are now two mutually exclusive ideas. You either care about women and hate religion or care about religion and hate women. Neither of these are true. And, in truth, I could write 7000 blogs about how the things we think of as mutually exclusive in our society are not. But instead, I think it's more important to point out the reasons that the decision in the case that we now think of as Hobby Lobby v. Birth Control is about neither Hobby Lobby nor Birth Control. It's about unfounded logic about what the labor force of America dares to think they deserve.

America is a consumerist nation. We thrive on consumption. Our most successful brands (Apple, Netflix, McDonalds) are about nothing more than consuming things we want. Our favorite past times involve human connection and consumption. (Beer on the patio with friends, dinner out with family, movie with the sig. other). As such, our nation would crumble without the humble laborers of the service industry. Your cashier, your waitress, that kid that helped you find that super soaker your niece wanted so badly, we need them all. They are the backbone of what drives the American economy. (Daily Challenge: count how many service industry people you interact with in one typical day. Then try to imagine said day without ANY of those people.)

Yet somehow, the service industry is not just under valued but it's workers are treated as lowly peasants. Less deserving of the spoils of the rich. We tell ourselves that they are just kids working through high school, but if you really counted the workers in one day you will see the diversity of age. (And even kids deserve respect, but that's a whole other blog). We act like people employed at McDonalds should be grateful that they were even deemed worthy to have a job, and should not be demanding things like pay and benefits. How dare the peasant make any demands of the rich. Spoiler alert: these are big fat stupid lies.

Working with the public day in and day out can be very trying. The roller coaster of emotions that is humanity is an adventure in itself and trying to be on top of your game pleasing each individual while not letting down the corporation at large is more of a challenge than any CEO can imagine. And each person that works DESERVES to get compensated for their time.

The agreement between employee and employer is as follows: Employee performs a service on behalf of Employer, Employer compensates Employee on previously agreed upon terms and at previously agreed upon intervals. I am not indebted to my employer when she gives me my paycheck. Inversely, my employer is indebted to me each time I perform a service on her behalf. This is why hourly workers don't (and shouldn't) work "off the clock". This is why hourly workers should never be asked to or expected to perform their duties when they are on their earned rest breaks. This is also why corporations are so serious about their employees not working off the clock. It can get really confusing to try to figure out how much time you worked and what the company now owes you. They owe you for every second of time that you spend working for them. I enjoy my job, but it is not a secret to me or my employer that it is my job, and therefor my source of income.

Employers provide "compensation packages." Called such because they include more than just money. Compensation packages include everything your employer is going to give you as a compensation for providing a service. And yes, they are going to give it to you. (we get weird about the word GIVE also). There is but one string attached a compensation package and it is simply that I have performed the service previously agreed upon. Once the contract has been executed, I have performed my duties and they have given me my compensation, the cycle starts over. The compensation they gave to me previously is no longer any of their concern. I performed a service, I was entitled to compensation, I received compensation. The End. And this is where the Hobby Lobby case gets frustrating.

What I do with my paycheck is not the business of my employer. Let's turn the tables a little bit to make this hit home a little better. Say your employer is an anti-theist. She HATES organized religion, sees it as myths and thinks anybody that subscribes to such hypocrisy is obviously too dumb to see the light. But you are a devout Christian, you give 10% of your income to the church. To not do this would be deeply against something you believe from the core of your being. Does your employer have the right to tell you that you can not give your money to your church because it goes against her deeply held religious beliefs? No, of course not. It is your money and you have the right to spend it how you wish.

And so to is this true about the rest of the compensation package. Part of your compensation package is your healthcare. It generally works as such: your employer takes a set amount out of each paycheck and puts it towards your health insurance. They get massive discounts on the insurance because it's a group plan. Depending on the employer some of the costs may be eaten by the company on your behalf (as part of your compensation) or you may pay the full amount. You have EARNED this money and you may now do with it what you wish.

If you have vision insurance, does your employer get to have a say as to which frames you purchase? Some frame companies have a 1 for 1 program where when you buy a frame, a frame is donated to someone in need. Does your employer have the right to tell you that you must use the company because it is her deeply held belief that consumerism should always be balanced with a positive impact on the world around us? If you must wear special shoes in order to stand for eight hours straight, does your employer have the right to tell you that you may not wear those shoes because it goes against her deeply held belief that you should always be wearing the cutest shoes around? If you have to have oral surgery, can your employer tell you that you may not use narcotic pain killers because it goes against her deeply held belief that narcotics are too addictive to be used for pain killers? Of course not. It is your health insurance, something you have earned. Something your employer has GIVEN TO YOU as compensation for your work. It is yours and they have no right to tell you what to do with it.

And this is why the Hobby Lobby case is more devastating for the lowly peasants of the service industry than it is for women or religious people. SCOTUS has now said that your employer has a say in how you use the compensation package that you earn from them. They have taken another step towards lowering the labor force of America into slavery. That those of us that work in the service industry should be grateful that Ms. CEO decided to give us a job, and we should not demand appropriate compensation or expect to have the freedom to use that compensation in any way that we please.

Is the next step that we will raise the federal minimum wage, but only under the condition that people spend the extra money on the things their employer deems worthy? Or will we make it so that employers may control where employees spend their money, or to whom or what employees donate? Am I allowed to donate to a politician that goes against my employer's political views? If I work for an orthodox jewish company, can I purchase non-kosher food?

I support women and their right to take birth control, but I wish we would all start talking about what this really means for hourly laborers. It is a devastating blow for the freedom and rights of those who keep America happy.