Religous Freedom In The Worklplace

Mr. Vic Sassone

Employee Protection:

Title VII of the US Civil Rights Act of 1964 prohibits discrimination in the workplace on the basis of race, color, religion, sex or national origin. Following are some of the employers' specific duties toward religious employees or prospective employees:

1. Employers may not treat employees or applicants either more or less favorably because of their religious beliefs or practices.

2. Employers may not force employees to participate or not participate in any religious activity as a condition of employment.

3. Employers must reasonably accommodate employees' sincerely held religious beliefs or practices, unless doing so would impose an undue hardship on the employer.

4. Employers must permit employees to engage in religious expression if employees are permitted to engage in other types of personal expression at work.

5. Employers must take steps to prevent religious harassment of their employees.

It is not enough for employers to avoid discriminating against religious employees. Once an employee has notified his or her employer that the employee's religious beliefs or practices conflict with work requirements, an employer will only be justified in failing to provide a reasonable accommodation if it can show that any accommodation would impose an undue hardship.

For more information on employers duties see the American Center for Law & Justice article Title VII: How it Protects Employees

Religious Activities by Employers:

Many employers have sincerely held religious beliefs that they want their businesses to reflect. But federal and state laws prohibiting religious discrimination in employment have discouraged many business owners from communicating their religious convictions at work. The good news is that, just like employees, business owners do not have to check their religion at the door when they come to work.

Do you know what rights employers have? Answer the True/False questions below and then check your answers below and at American Center for Law & Justice article Religious Activities by Employers under Title VII.

1. Yes / No: Do employers unlawfully discriminate if they base business objectives and goals upon Biblical principles?

2. Yes / No: Can the owner of the business witness to his/her employees?

3. Yes / No: Are employers permitted to give employees religious literature?

4. Yes / No: Can an employer hold regular prayer meetings or chaplain services for employees?

5. Yes / No: Can an employer require employees to attend training based on Biblical principles?

 Answers to quiz

Q Do employers unlawfully discriminate if they base business objectives and goals upon Biblical principles?
A No. An employer does not discriminate on the basis of religion by affirming the faith of its owners in business objectives.56 "Title VII does not, and could not, require individual employers to abandon their religion."57 Employers must be careful, however, not to give prospective or current employees the perception that employment or advancement with the company depends on acquiescence in the religious beliefs of the employer. This can be accomplished in a number of ways. For instance, applications for employment should state that applicants are considered for all positions without regard to religion. This statement should also be included in any orientation materials, employee handbooks, and employee evaluation forms. Of course, employers must also be sure that this statement is accurate but not discriminating on the basis of religion.

Q As the owner of the business, can I witness to my employees?
A An employer can talk about his religious beliefs with employees as long as employees know that continued employment or advancement within the company is not conditioned upon acquiescence in the employer's religious beliefs. For instance, one court has held that an employer did not discriminate against an employee by sharing the gospel with him and inviting him to church.58 Employers must be careful, however, not to persist in witnessing if the employee objects. Such unwanted proselytizing could be deemed religious harassment. Employers cannot impose their religious beliefs on their employees.59

Q Am I permitted to give my employees religious literature?
A As with spoken religious speech, employers can share their religious beliefs with their employees in print form such as pamphlets, books, and newsletters.60 Employers must be careful, however, not to give employees the impression that they have to agree with the employer's religious beliefs in order to keep their job or get a promotion. For instance, in one case a Jewish employee was wrongfully terminated for complaining about the printing of Bible verses on his paychecks and the religious content of a company newsletter.61 If an employer shares religious convictions with employees, and the employee disagrees or protests, no adverse action can be taken against the employee.
Furthermore, employers should be ready to accommodate any employee's objections to the religious speech contained in publications distributed to employees. Sufficient accommodation may be to provide the objecting employee with a publication that does not contain the religious content. In order to counter any impression given by publications that job security and advancement are contingent upon faith, it is also recommended that publications with religious material state that the employer does not discriminate on the basis of religion for purposes of continued employment, employee benefits, or promotion.

Q Can an employer hold regular prayer meetings or chaplain services for employees?
A Employers can hold regular devotional meetings for employees so long as attendance is not required.62 Moreover, active participation of management in these meetings does not make them discriminatory.63 To ensure that employees understand that devotional meetings are voluntary, notice of the meetings should state that they are not mandatory and it is wise to hold these meetings before the work day begins, during breaks, or after work.

Q Can I require my employees to attend training based on Biblical principles?
A Employers can use training programs that are based on the Bible. For instance, requiring an employee to attend a management seminar put on by the Institute of Basic Life Principles which used scriptural passages to support the lessons it sought to promote did not violate a Massachusetts civil rights law.64 Employees cannot, however, be required to undergo religious training, participate in religious services, or engage in behavior that would violate their sincerely held religious beliefs. See Part I to this Booklet.

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