Merged David Coppedge is suing the Jet Propulsion Laboratory for 'religious discrimination'

[Questioninggeller]

Closing statements on Monday.

Ex-NASA worker says fired over intelligent design‎
San Jose Mercury News
April 16, 2012

...
Closing arguments in Coppedge's wrongful termination lawsuit against the Pasadena-based JPL begin Monday after a five-week trial that has generated intense interest among proponents of the idea that life is too complex to have evolved through evolution alone. The case will be decided by Los Angeles Superior Court Judge Ernest Hiroshige because both sides agreed to forgo a jury.
...

Full: San Jose Mercury News

 

[Questioninggeller]

Two years after Coppedge first made his claims, the trial is over. Here's an article about the closing arguments:

Closing arguments conclude in JPL evolution case
San Gabriel Valley Tribune
By Brian Charles, SGVN
April 16, 2012


Lawyers Monday completed closing arguments in the case of a former Jet Propulsion Laboratory employee who claims he was laid off for believing in intelligent design.

An attorney for David Coppedge said his client was subjected to "stubborn and complete intolerance" of his beliefs while working for JPL. It was that attitude which hastened Coppedge's firing, attorney William J. Becker, Jr. argued in a month-long trial that pitted science and religion in a way that was sometimes reminiscent of the 1920s Scopes Monkey Trial.

In their defense, JPL attorneys argued that Coppedge, the onetime head of the Cassini mission to Saturn, had become a combative employee whose skills had faded. He was demoted by the lab in 2009 and fired last year as part of a downsizing at the facility in La Canada Flintridge.

"We have been in this trial for five weeks and there has been no evidence, just conjecture, that Mr. Coppedge was treated differently," JPL attorney Cameron Fox said. "What happened to David Coppedge had nothing to do with intelligent design."

Ultimately, Superior Judge Ernest Hiroshige will decide the matter. In doing so he will comb through more than a month's worth of testimony, as well written arguments yet to be submitted by attorneys for each side.

Lawyers in the case expect a final decision no earlier than June.
...
Fox's closing arguments also poked holes in the arguments given by Becker.

Coppedge was laid off in spring 2011, more than two years after he filed an initial suit against JPL for creating what he deemed to be a hostile work environment. In 2009, co-workers began complaining about Coppedge's distribution of two intelligent design DVDs, "The Privileged Planet" and "Unlocking the Mystery of Life." Both videos advocate for intelligent design, a belief closely tied with the religious right wing. Coppedge's JPL supervisors considered the material to be religious in nature. The former JPL systems administrator also kept a running lending log of JPL employees whom he loaned the videos to, and an account of their reactions to the video.

His direct supervisor Greg Chin reprimanded Coppedge in 2009 after several co-workers complained about the distribution of intelligent design DVDs and his prior distribution of a religious video titled "The Case for Christ."

Fox said Coppedge's stubbornness thwarted Chin's attempt to warn Coppedge about his behavior and precipitated a dust-up between the Chin and Coppedge.

"(Chin's) attempt at a heads-up got hijacked" and turned "into an argument about intelligent design," Fox said.
...
Fox said Coppedge's layoff came because he "lacked the skills" skills as a system administrator, adding that Coppedge's skill set had become obsolete.

Fox criticized Becker's closing argument saying that it contained several "logical flaws."
...
Attorneys for both sides continued to argue Monday that Coppedge's case is purely about wrongful termination and has no implications beyond being a case of employment law.
...

Full: San Gabriel Valley Tribune

 

[shadron]

Two years after Coppedge first made his claims, the trial is over. Here's an article about the closing arguments:

In their defense, JPL attorneys argued that Coppedge, the onetime head of the Cassini mission to Saturn, had become a combative employee whose skills had faded.

Uhhhh, onetime supervisor of the IT section of the Cassini project.

 

[ben m]

Thanks for the update-thread, Questioninggeller. So, no decision until June or July? Darn.

Some of the news is just sad---I don't envy Greg Chin his job one bit. Dealing with a problem-employee is an annoying and depressing business in any case, and having a religious-freedom complaint thrown in your face afterwards ...

(Not that being a downsizing victim is a picnic.)

But some of the news has an entertaining train-wreck quality to it. I was particularly amused by the claim that the office "holiday party" discriminates against Coppedge, because he wanted it to be a "Christmas party". That's comedy gold.

 

[pgwenthold]

Thanks for the update-thread, Questioninggeller. So, no decision until June or July? Darn.

Some of the news is just sad---I don't envy Greg Chin his job one bit. Dealing with a problem-employee is an annoying and depressing business in any case, and having a religious-freedom complaint thrown in your face afterwards ...

(Not that being a downsizing victim is a picnic.)

But some of the news has an entertaining train-wreck quality to it. I was particularly amused by the claim that the office "holiday party" discriminates against Coppedge, because he wanted it to be a "Christmas party". That's comedy gold.

The only thing I know about the case and trial is what has been posted here. And I have to say, none of it has been all that favorable to Coppedge. Then again, IIRC most of the updates we are getting are filtered through the NCSE, right?

But did he ever actually have what might be considered an effective claim? Something that might cause one to lean back and think, "Whoa, that was bad. The folks at JPL certainly shouldn't have done that!"?

Because I certainly didn't see anything like reported in this thread.

 

[Questioninggeller]

The only thing I know about the case and trial is what has been posted here. And I have to say, none of it has been all that favorable to Coppedge. Then again, IIRC most of the updates we are getting are filtered through the NCSE, right?

But did he ever actually have what might be considered an effective claim? Something that might cause one to lean back and think, "Whoa, that was bad. The folks at JPL certainly shouldn't have done that!"?

Because I certainly didn't see anything like reported in this thread.

From all the reports and legal filings that I've seen, the "evidence" that Coppedge was "demoted" and fired for his beliefs is all speculation. That is, people complained about his performance and his evangelizing (wanting to debate issues about the DVDs he sold like "The Privileged Planet" and "The Case for Christ"). Then he was removed as "team lead," which seems to be a liaison that communicates with other departments. Shortly after, he files a lawsuit and the next year he is laid off with more than 200 others who work on the same project.

Coppedge did not present any smoking gun, linking his "demotion" (the defense says it wasn't a demotion as he didn't lose pay or ranking), much less tie his losing the job to the lawsuit.

From the testimony, it sounds like Chin was trying to help Coppedge for several years and in the end Coppedge tried to throw Chin under the bus citing the very conversations of him telling Coppedge about issues that annoy his co-workers. That is really sad how the one person trying to help Coppedge was targeted as a villain by Coppedge's lawyer.

On the other hand, the defense showed Coppedge was a problem employee for several years, people complained about his work, others complained about his combative nature and showed records documenting him being ranked low, receiving negative reviews and the process by which he and others were laid off.

It speaks volumes how quiet Coppedge's defenders were during the trial. For example, there were only a few postings from the Discovery Institute and those (like this) don't reveal the full reports and ignore facts about Coppedge being ranked low and as he even admitted, receiving complaints since 2004 (In Coppedge's testimony, "As far back as 2004, his co-workers described him as difficult to work with, a micromanager and someone who was quick to say no."

The damning issue is that even if one ignores the JPL's documentation supporting their reasons for "demoting" and laying Coppedge off, there is no documentation confirming Coppedge's discrimination claims, but only conjecture.

 

[Questioninggeller]

Here's another report on closing arguments:

Opposing lawyers sum up JPL 'intelligent design' case
After written arguments are submitted, judge will determine if employee lost job due to religious discrimination or work performance issues.
Valley Sun
April 18, 2012
By Daniel Siegal


Attorneys argued Monday that it was either religious intolerance or workplace incompetence that drove systems administrator David Coppedge from a post at Jet Propulsion Laboratory last year.
...
Becker and Coppedge have painted the case as a crucial test of religious expression in the scientific community.

“Throughout the scientific and academic worlds in this country, if you dare insert what somebody perceives to be your evangelical Christian values - if they think you're doing that - heads roll,” Becker said before the trial began.

Concurrently, JPL's lawyers have steadfastly insisted Coppedge's tribulations were self-inflicted, the product of stubbornness and a refusal to listen.

JPL attorney James Zapp said more than 15 people had complained to Coppedge's supervisors over the years about his customer service, saying he was stubborn and hard to deal with.

Administrators repeatedly told Coppedge the issue was how he was interacting with people, not what he was saying, Zapp said.

“[They] said, 'We have no problem with people discussing religion or politics in the office, as long as it's not unwelcome or disruptive,'“ Zapp said.

Cameron Fox, representing JPL, said Monday Coppedge was lucky to have been employed on the Cassini mission to Saturn as long as he was — 14 years — given complaints about his work and his clashes with co-workers.

“Frankly, it wouldn’t take a rocket scientist to determine that somebody with a bad working relationship with every unit head of a project wouldn’t be sticking around during downsizing,” she said.

Budget cuts prompted JPL to shed roughly 200 administrative jobs in 2011 — the year Coppedge was let go.

Fox said that the very supervisors Coppedge accuses of discrimination had covered for his poor performance and difficult behavior until they were forced to take action.

“But this only enabled his lack of self-awareness, his stubbornness,” Fox said.

Coppedge is seeking unspecified damages, though an expert witness called on his behalf estimated Coppedge is entitled to about $850,000 in lost and future wages. Coppedge is also seeking unspecified damages for emotional distress.

Attorneys for both sides will also submit written arguments to Los Angeles County Superior Court Judge Ernest Hiroshige, who is presiding over the case without a jury. Hiroshige said he would give attorneys six weeks to complete the briefing, and he would rule within 10 days after that.

Full: Valley Sun

 

[billw]

Hiroshige said he would give attorneys six weeks to complete the briefing, and he would rule within 10 days after that.http://articles.lacanadaonline.com/..._lawyers-sum-jpl-evangelical-christian-values

If the judge sticks to this timeline, there should be a decision forthcoming very soon now...

 

[Questioninggeller]

Here's the briefs:
Filed: 5/8/12: Plaintiff's Post-trial Brief
Filed: 5/29/12: JPL's Post-Trial Response Brief

 

[Questioninggeller]

The JPL's Post-Trial Response Brief has some responses to Coppedge's claims about religious discrimination and biased treatment, including:

All the credible evidence at trial established beyond a doubt that Caltech neither discriminated nor retaliated against David Coppedge. Caltech laid off Coppedge because of his relative lack of skills, andfor no other reason. It is indisputable that Nick Patel and Oscar Castillo had greater expertise in needed technologies. They also had excellent customer service skills, while Coppedge had a long history of poor customer relations. Caltech disciplined Coppedge only after a neutral Human Resources (“HR”) investigation revealed that co-workers legitimately felt harassed by how he interacted with them during work hours on controversial, non-work-related topics (like Proposition 8 and intelligent design (“ID”)). And, the written warning he received was rescinded once Coppedge adhered to Caltech’s reasonablerequest that he refrain from discussions that were argumentative, disruptive or otherwise harassing to co-workers. Lastly, Coppedge’s line manager, Clark Burgess, transferred Coppedge’s informal lead duties to another Cassini System Administrator (“SN”) only after Burgess personally observed what Coppedge had demonstrated for years in a variety of circumstances: that he does not listen to others, that he blames others for any problems, and that he otherwise communicates in an argumentative and confrontational manner.
...
Based on nothing more than this exchange, Coppedge alleges Chin discriminated against him (because of his religion and belief in ID) and had “contempt for [his] religious viewpoint." The objective evidence is to the contrary. Chin held no hostility toward ID or Christianity — his much-loved uncle belonged to Coppedge’s church and was a firm believer in ID. Chin knew of Coppedge’s beliefs as far back as the late 1990’s, and he nonetheless supported Coppedge by recommending him, first to be informal team lead in 2000, and then to become a Caltech employee in 2003. (3/28 206:2I-207:20, 21 I :7-l8; 3/29 167:26-l 68: I 3.) Finally, Coppedge’s sworn testimony, at deposition and trial, contradicts his allegation: “Greg has been a great boss, and I’ve worked with him for eight years. He's a great guy. He’scompetent. He’s knowledgeable. He does a lot of good for us, and, fiankly, I was shocked at this [March2, 2002] outburst We had had, you know, some heated discussions a little bit over the years, but he was aware way back, I think years ago, about [my intelligent design] DVDs. ...” (3/20 199: I4-22.)
...
Coppedge criticizes Burgess for his decision, but Coppedge cannot credibly argue it was motivated by religious animus or hostility to ID. Burgess and Coppedge never had any disputes about either topic. (4/2 l 59:26-160:1.) To the contrary, they had cordial conversations about ID as far back as 2005; Burgess even purchased four ID DVDs from Coppedge over the years, and liked all of them. He described their material as “good stuff” and “interesting.” (4/2I58: l 7-l 59:23; Ex. 61.) Coppedge himself testified that Burgess treated him fairly all the way up until the written warning with which Coppedge disagreed. (3/21 46: l-4.)
...
The record shows Burgess’s and Klenk’s directive was content-neutral. They simply asked Coppedge to do what reasonable people do every day in the workplace: be considerate of co-workers and not approach them with non-work-relatedtopics (political, religious, or otherwise) in a way that offends them. That Coppedge fights this concept —even now — shows he still has not leamed anything from this experience.
...
Coppedge appealed Burgess’s written warning and lead removal decision. Burgess was the sole decision-maker on both so Klenk heard the appeal as Burgess’s supervisor (per Caltech’s Problem Resolution Policy). (Ex. I98.) Klenk analyzed Huntley‘s investigation, and interviewed her about her process and findings. Klenk then met with Coppedge for an hour. lust like on April 13th, Coppedge spent most of the meeting insisting he had been prohibited from discussing religion and polities at work and refusing to listen to the fact that disrupting work and harassing co-workers — on any topic — was inappropriate. He again demanded to confront his accusers. Klenk concluded that Coppedge still “wasn’t willing to moderate his behavior and that he needed the written warning to [help him] focus on[improving] that.” (4f3 36:15-27.) When Coppedge asked about the removal ofhis lead duties, Klenk explained that a key reason for it was his long history of customer service problems. Coppedge admitted that these problems were true. After the meeting, Klenk reasonably decided to uphold both of Burgess’s decisions. (4/3 26:5-28:2, 31:28-34:9; Exs. I44, 150.) Importantly, Coppedge does not contend that Klenk’s decision was biased, nor could he.
...

 

[Cuddles]

So as far as I can tell from reading through all this, Coppedge is an evangelical religious nut who sucked at his job and pissed off pretty much everyone he ever worked with even when he wasn't trying to force his religion on them. The only question left seems to be how on Earth he managed to keep his job for 14 years before finally getting fired.

 

[Questioninggeller]

An article from last week:

Fired JPL worker seeks $1.36M
David Coppedge says he lost his job because of his religious views.
June 01, 2012
By Daniel Siegal
PasadenaSun.com


A man claiming he lost his job at Jet Propulsion Laboratory because he voiced support for the theory of intelligent design of the universe is seeking $1.36 million from the NASA lab, according to court papers filed as the case winds down.

David Coppedge, a former lead systems administrator on the Cassini project to Saturn, is seeking $860,000 for lost wages and $500,000 for emotional distress damages. At trial in March and April, attorneys for Coppedge claimed his discussions of intelligent design with co-workers led to discipline that improperly curtailed his speech rights and amounted to religious discrimination.
...
Hiroshige is expected to issue a ruling by June 8.
...

Full: PasadenaSun.com

 

[Questioninggeller]

No decision yet, but creationists have already made him a martyr.

Creation Weekend to feature David Coppedge!

October 26 and 27, 2012

David Coppedge is one man standing up against NASA, the American governments’ space exploration agency. Now that takes courage! Why would anyone undertake such a difficult task? Basically it is a fight for freedom of religion and for freedom to discuss intelligent design during social settings in the workplace.
...
David Coppedge is also a prominent apologist for young earth creation and intelligent design. ...
...
CSAA therefore looks forward to a most interesting and famous speaker! His lecture titles include: Cassini discovers Saturn; Evidences for youth in the Solar System; the Art and Science of Baloney Detecting!; and Why the Church must emphasize Creation.
...

From: http://www.create.ab.ca/creation-weekend-to-feature-david-coppedge/

He's been going around talking about the Cassini Mission. On a creationist radio show, the hosts argue that Coppedge's statements on the Cassini–Huygens mission gives proof for a young universe and Coppedge was described as:

Cassini Spacecraft Scientist Lists Evidence for a Young Saturn:

Bob and Fred also discuss the extensive evidence against an old age for Saturn and its rings as reported by one of the Cassini spacecraft's leading scientists, Dr. David Coppedge!

From: http://kgov.com/Rodhocetus-whale-of-a-tail-exposed-by-Carl-Werner
Radio show: http://kgov.s3.amazonaws.com/bel/2011/20110902-BEL175.mp3

Also he is falsely listed as "Dr." David Coppedge here:

An Evening With Dr David Coppedge: Friday, January 21, 2011 7:30pm

JANUARY MEETING
Friday, January 21, 2011 7:30pm
Guest Speaker: Dr David Coppedge
Lecture: "Saturn Exploration -- from equinox to solstice"
Location: Multipurpose Room, Mesa Union School, 3901 Mesa School Rd. Somis
...
These and other wonders of Saturn will be discussed and shown on the big screen, [and Dave will show how you yourself can become a solar system explorer with JPL’s visualization tools].
...

From: http://www.vcas.org/this-month-meet-january11.html

He is not a scientist, does NOT have a PhD or MD nor does he do scientific research. More directly he was never a "leading scientist" on that project or any NASA project. He was hired by the JPL "to maintain computer networks and troubleshoot technical problems " for the scientists doing research. Specifically in this brief regarding his skills:

Equally important, the skills Coppedge did have were fast becoming obsolete. Coppedge managed Cassini's private network, but it was disbanded to save costs during XXM. He was expert at AFS (the system Cassini used to store command and operational files), but Cassini replaced that system with another. He also worked on HP Open View a network management sofiware that Cassini stopped using altogether in March 2011.

According to his LinkedIn account, on his education:

David Coppedge's Education


California State University-Northridge
B.S., Physics
1990 – 1995
Concentration in Astrophysics.
Selected for Honors Colloquium.

Bob Jones University, South Carolina
Bachelor of Science, Secondary Education

Thus, he has two undergraduate degrees. No graduate education. No doctorate.

 

[gupwalla]

Thus, he has two undergraduate degrees. No graduate education. No doctorate.

Even that might be a stretch. He doesn't list the date he graduated from BJU -- if he graduated prior to April 2005, his degree would be from an unaccredited institution, and thus of suspect value to academics or employers.

And the current regional accreditation association for BJU -- an association of Christian schools -- while recognized at the federal level is not recognized in all states (not even Texas!) and has a very wavering level of support generally. It received national recognition largely as a political move by then Sec of Ed Lamar Alexander, over the recommendations of his (less political) advisors.

So I would say he has one undergraduate degree, plus a piece of paper that may enable him to teach at a private high school that considers a BJU degree a qualification.

 

[Questioninggeller]

No verdict yet, but if you search for the case (Number: BC435600) at http://www.lasuperiorcourt.org/civilCaseSummary/index.asp?CaseType=Civil it says:

08/28/2012 Miscellaneous-Other (plaintiff's supplemental brief )
Filed by Attorney for Plaintiff/Petitioner

08/23/2012 Order (INTERIM ORDER ON SUBMITTED MATTER )
Filed by Court

The 08/28/2012 "Miscellaneous-Other" filing by William Becker is online here.

 

[R.A.F.]

I kept reading the title of the thread as, "David Copperfield is suing the Jet Propulsion Laboratory for 'religious discrimination'". Needless to say I was wondering why exactly a magician would be taking umbrage at a science lab.

Glad to hear I'm not the only one who read it that way.

 

[ben m]

Does anyone have a sense of what's going on backstage during these past few months? Is the judge actively engaging with this case for months and months of research and writing? Or waiting for something slow-moving (like this recent filing, or some internal courthouse work ticket)? Or is it that, after the January hearing, the case file went to the bottom of a to-do stack, and when it gets to the top Hiroshige will devote a few days to it and make a ruling? Just curious.

 

[Questioninggeller]

Does anyone have a sense of what's going on backstage during these past few months? Is the judge actively engaging with this case for months and months of research and writing? Or waiting for something slow-moving (like this recent filing, or some internal courthouse work ticket)? Or is it that, after the January hearing, the case file went to the bottom of a to-do stack, and when it gets to the top Hiroshige will devote a few days to it and make a ruling? Just curious.

Those are good questions I'd also like to know the answers to.

Coppedge's current activity seems to be:

Creation Safaris is a ministry of Master Plan Association, a California non-profit corporation dedicated to helping young people (and adults) understand and follow God's plan for their lives, and for the whole world, as revealed in the Bible. ...

Read how Creation Safaris began in an account by David Coppedge, founder and chief bwana: "Why Creation Safaris?"

http://www.creationsafaris.com/10.html

He still has daily "science" news updates from his creation/evolution website at http://www.crev.info

 

[Kopji]

...objective evidence is to the contrary. Chin held no hostility toward ID or Christianity — his much-loved uncle belonged to Coppedge’s church and was a firm believer in ID. Chin knew of Coppedge’s beliefs as far back as the late 1990’s, and he nonetheless supported Coppedge by recommending him, first to be informal team lead in 2000, and then to become a Caltech employee in 2003.

JPL should have brought in another HR person. Chin may just be a nice HR person, but probably has a perceived personal relationship. Chin's support of Coppedge could have supported to a hostile work environment by seeming to give HR's blessing to the activities. I'm a bit surprised that other employees did not take JPL to task for letting this go on this long.

(I think that in private industry, we'd have fired Chin too.)

 

[Questioninggeller]

Ruling

A search for the case (Number: BC435600) at http://www.lasuperiorcourt.org/civilCaseSummary/index.asp?CaseType=Civil says:

10/31/2012 Miscellaneous-Other (RULING ON SUBMITTED MATTER)
Filed by Court

No details yet on what the ruling is.