Suit: NASA worker fired over intelligent design

An artist's sketch of the Cassini spacecraft's Nov. 30 flyby of Saturn's moon Enceladus. / NASA/JPL
(AP) LOS ANGELES - NASA's Jet Propulsion Laboratory has landed robotic explorers on the surface of Mars, sent probes to outer planets and operates a worldwide network of antennas that communicates with interplanetary spacecraft.
Its latest mission is defending itself in a workplace lawsuit filed by a former computer specialist who claims he was demoted - and then let go - for promoting his views on intelligent design, the belief that a higher power must have had a hand in creation because life is too complex to have developed through evolution alone.
David Coppedge, who worked as a "team lead" on the Cassini mission exploring Saturn and its many moons, alleges that he was discriminated against because he engaged his co-workers in conversations about intelligent design and handed out DVDs on the idea while at work. Coppedge lost his "team lead" title in 2009 and was let go last year after 15 years on the mission.
Opening statements are expected to begin Monday in Los Angeles Superior Court after two years of legal wrangling in a case that has generated interest among supporters of intelligent design. The Alliance Defense Fund, a Christian civil rights group, and the Discovery Institute, a proponent of intelligent design, are both supporting Coppedge's case.
"It's part of a pattern. There is basically a war on anyone who dissents from Darwin and we've seen that for several years," said John West, associate director of Center for Science and Culture at the Seattle-based Discovery Institute. "This is free speech, freedom of conscience 101."
The National Center for Science Education, which rejects intelligent design as thinly veiled creationism, is also watching the case and has posted all the legal filings on its website.
"It would be unfortunate if the court took what seems to be a fairly straightforward employment law case and allowed it to become this tangled mess of trying to adjudicate scientific matters," said Josh Rosenau, NCSE's programs and policy director. "It looks like a pretty straightforward case. The mission that he was working on was winding down and he was laid off."
Coppedge's attorney, William Becker, says his client was singled out by his bosses because they perceived his belief in intelligent design to be religious. Coppedge had a reputation around JPL as an evangelical Christian and other interactions with co-workers led some to label him as a Christian conservative, Becker said.
In the lawsuit, Coppedge says he believes other things also led to his demotion, including his support for a state ballot measure that sought to define marriage as limited to heterosexual couples and his request to rename the annual holiday party a "Christmas party."
"David had this reputation for being a Christian, for being a practicing one. He did not go around evangelizing or proselytizing. But if he found out that someone was a Christian he would say, 'Oh that's interesting, what denomination are you?'" Becker said.
"He's not apologizing for who he is. He's an evangelical Christian."
In an emailed statement, JPL dismissed Coppedge's claims. In court papers, lawyers for the California Institute of Technology, which manages JPL for NASA, said Coppedge received a written warning because his co-workers complained of harassment. They also said Coppedge lost his "team lead" status because of ongoing conflicts with others.
Caltech lawyers contend Coppedge was one of two Cassini technicians and among 246 JPL employees let go last year due to planned budget cuts.
While the case has attracted interest because of the controversial nature of intelligent design, it is at its heart a straightforward discrimination case, said Eugene Volokh, a professor of First Amendment law at the University of California, Los Angeles School of Law.
"The question is whether the plaintiff was fired simply because he was wasting people's time and bothering them in ways that would have led him to being fired regardless of whether it was about religion or whether he was treated worse based on the religiosity of his beliefs," said Volokh. "If he can show that, then he's got a good case."
Coppedge, who began working for JPL as a contractor in 1996 and was hired in 2003, is active in the intelligent design sphere and runs a website that interprets scientific discoveries through the lens of intelligent design. His father authored an anti-evolution book and founded a Christian outreach group.
He is also a board member for Illustra Media, a company that produces video documentaries examining the scientific evidence for intelligent design. The company produces the videos that Coppedge was handing out to co-workers, said Becker, his attorney.
His main duties at JPL were to maintain computer networks and troubleshoot technical problems for the mission. In 2000, he was named "team lead," serving as a liaison between technicians and managers for nearly a decade before being demoted in 2009.
He sued in April 2010 alleging religious discrimination, retaliation and harassment and amended his suit to include wrongful termination after losing his job last year.
Coppedge is seeking attorney's fees and costs, damages for wrongful termination and a statement from the judge that his rights were violated, said Becker.
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Additionally, there's evidence he had few people skills. Evangelism at work isn't allowed.
He didn't get laid off (according to the filings) because of IDC, rather, his job performance suffered; allegedly, 80% of his customers wouldn't work with him, and he had not updated his computer skills, even though layoffs had been announced 2 years previously. Thus he was in the bottom 20% of his team when layoff season arrived.
Nothing to do with religion, nothing to do with IDC, everything do do with job performance.
1. That Coppedge's firing had nothing to do with his religious or scientific beliefs and was simply due to his happening to be "among 246 JPL employees let go last year due to planned budget cuts."
2. That he was fired for engaging in disruptive and time-wasting debates in his workspace about religious and scientific beliefs.
Keep in mind that the moment religion enters this dispute, his POV gets double the First Amendment protection, both as a free speech issue and as a freedom of religion matter. And this isn't a content issue. An atheist who is fired for expressing his views also gets that same protection. That's why second argument could easily be regarded by a court as religious discrimination, particularly due to these factors:
1. It takes two to disagree. None of those who debated with him were fired even though their behavior was identical to his. That's firing someone for having religious beliefs but not firing someone for corresponding secular beliefs. Say "there is a God" and get fired. Say "there is no God," and you keep your job. That's a violation either that way or if the POVs are reversed.
2. Places such as JPL will have employees debating numerous topics--such as whether Pluto should be a planet. It is that sort of place. Unless JPL can show that it had a gruesomely pervasive and consistent policy on workspace discussions, discipling and firing staff for talking about almost any topic not specifically work-related, it is in big trouble.
Interestingly, years ago I was working for Boeing when a new manager came in. She complained about what a fellow employee had posted in his cubicle. When he pointed out that my cubicle had some posts with the opposite POV, both our postings had to come down. He and I loved debating politics, and so did our fellow workers. Our new boss simply had no sense of curiosity or humor. And legally, since we were both forced to take down our stuff, she was probably safe from legal action--that and the fact that neither of us was fired, something that'd be deemed imappropriate. Most people like to engage in lively discussions at work, so I suspect JPL's highly politicized management is the real source of this problem.
I also get the impression that the ID side is quite confident they'll win. That suggests that Coppedge can offer witnesses who'll testify that his behavior never got out of line or was inappropriate or intrusive. Also keep in mind JPL's prior behavior: "In 2000, he was named "team lead," serving as a liaison between technicians and managers for nearly a decade." That suggests he had excellent people skills and an impressive employment file. JPL's lawyers will have a hard time demonizing him.
Coppedge was demoted in 2009, with no loss of pay or benefits. Rather, he lost the title of "team lead" and was re-assigned. He was issued a written warning, later rescinded. Coppedge sued JPL in a complain filed in April, 2010.
Coppedge was fired (or laid off, if you prefer) in early 2011, at which point he amended the complaint to include a charge of discriminatory termination. Please note the order of events: Coppedge sued JPL MONTHS BEFORE he was fired.
JPL maintains that it was his conduct, and not the content, within these discussions that is at issue. At no point has JPL or their lawyers maintained that he was fired for his religious views.
I don't think that Coppedge's counsel, William Becker, is all that confident in this case. I suspect that he was expecting a settlement. Unfortunately for Becker, JPL made it clear late last year that they will not settle. Now, Becker and Coppedge have agreed to a bench trial; I submit that such agreement means that they have effectively lost much of their confidence in winning this case, because a jury trial would bring much more drama than does a bench trial.
Coppedge has no JPL witnesses to testify favorably on his behalf, specifically regarding his behavior there; I've read the witness list. That should tell you something right there.
By Wednesday, Coppedge will likely contradict himself. He may even be forced to admit that some of his charges have no real basis; the judge has already dismissed three of the charges.
For those interested in the court documents and not the media drama, I recommend visiting the NCSE Coppedge v. JPL archive at http://ncse.com/creationism/legal/coppedge-v-jpl
His main duties at JPL were to maintain computer networks and troubleshoot technical problems for the mission. In 2000, he was named "team lead," serving as a liaison between technicians and managers for nearly a decade before being demoted in 2009."
So we can reasonably expect him to refrain from proselytizing on the company dime, or in this case the taxpayer dime.
"Caltech lawyers contend Coppedge was one of two Cassini technicians and among 246 JPL employees let go last year due to planned budget cuts..."
So if the other employee was also proselytizing on the job, he might have a case, but somehow I doubt it.
Also, judging by his willingness to foist his mythology upon others, it is also likely he votes for the very politicians whose penchant for gutting funding for science probably resulted in the cutbacks that cost him his job.
His main duties at JPL were to maintain computer networks and troubleshoot technical problems for the mission. In 2000, he was named "team lead," serving as a liaison between technicians and managers for nearly a decade before being demoted in 2009."
So we can reasonably expect him to refrain from proselytizing on the company dime, or in this case the taxpayer dime.
"Caltech lawyers contend Coppedge was one of two Cassini technicians and among 246 JPL employees let go last year due to planned budget cuts..."
So if the other employee was also proselytizing on the job, he might have a case, but somehow I doubt it.
Also, judging by his willingness to foist his mythology upon others, it is also likely he votes for the very politicians whose penchant for gutting funding for science probably resulted in the cutbacks that cost him his job.
As an aside, however, what the heck was a creationist who obviously thinks science is a bunch of hooey doing leading a team at NASA?
For me, it is far better to grasp the Universe as it really is than to persist in delusion, however satisfying and reassuring.
- Carl Sagan
Science demands that we use evidence to understand the world around us. Religion demands we ignore evidence to understand the world around us. I fail to see how the two are compatible.