Religious Freedom For Employees - Practical Applications!

In general, this means that an employee can talk about religious matters at work, and here are some further guidelines and examples

Religious Harassment of Others.  If a co-worker asks the employee not to talk with him/her, the communication should cease.  If the employee continues to pursue the co-worker, this could be considered harassment and result in discipline by the employer.

Company Time.  A company has a right to expect its employees to work on company business while on the job. Therefore, the company may restrict non-work related speech during working hours.  On breaks or at lunch the situation is different, but if the company does not want people talking about personal things while they are working, it has a right to say so.  The only limit on this is that the company has to be consistent in applying its policies.  So, if the company only prohibits religious speech, that would be wrong.  Additionally, if a company allows before hours or after hours meetings  or discussion groups  in company space, they need to allow for  a Bible Discussion group or other religious  discussion.

Personal Work Space.  The issue of what an employee can put in his/her work space is more complicated.  Generally, personal religious articles should be okay, but a company does have a right to set certain standards for the work environment if it chooses to do so.  This means that a Bible on the desk where other personal items are allowed should be okay, but a Bible on a machine stand, where personal items are not allowed and might present a danger would not be okay.  This example presents two ends of a continuum, in between, it will depend on company standards and work related circumstances.

Religious Clothing or Symbols.   Generally, an employer cannot regulate this.  But if the employer has a uniform policy, or if there are safety concerns about jewelry which are legitimate the employer has a right to limit these.

Government Employees. If the employer is a government employer AND the employee has a public role, there are special rules.  They do not lose all of their constitutional rights, but they have to be careful when they are acting on behalf of the government.

 This is a very general explanation of the law.  How it applies to individual employee situations depends upon a lot of factors.  Our hope is that people of faith would have added confidence on living out their beliefs at work by understanding these guidelines.

Religion in the Workplace For Employees - FAQ

Questions and Answers provided by American Center for Law and Justice – www.aclj.org.

Overview

Title VII of the 1964 Civil Rights Act was initially drawn up for federal government employees.  However, Title VII has been applied more broadly to include both state and local governments and is usually extended to private employers but with the understanding that private employers have more discretion to dictate corporate policy on a variety of issues.

 Employees may also be protected by State laws that deal with religious freedom of employees, however it is most frequently Title VII that is viewed to set the terms for freedom and discrimination in the workplace.

This FAQ list provides some specific questions and answers that would generally hold true in all states, however employees that want to know if there are further protections should consult an attorney who is licensed in their particular state to determine if state law provides them with added legal standing.

Q Can I share my faith with co-workers at work?
A If required by their religious beliefs, an employee's religiously motivated expressions of faith are protected by Title VII. For instance, in conversations with other employees, you may refer to Biblical passages on slothfulness and "work ethics."   Employees can engage in religious speech at work as long as there is no actual imposition on co-workers or disruption of the work routine. Generally, no disruption of the work routine will occur if an employee's witnessing takes place during breaks, or other free time. If other employees are permitted to use electronic mail and screen savers for speech that is not related to work, an employee who has a sincerely held religious belief to communicate their faith with others should also be able to use these modes of communication.

To ensure that their religious speech is protected by Title VII, an employee should first of all be able to honestly say that their religious beliefs require them to share the Gospel whenever possible with willing co-workers during breaks or other free time. The employee must then inform the employer of this religious belief (preferably in writing). At that point, the employer must attempt to accommodate this religious belief unless it will cause the employer "undue hardship."

Q Can I keep my Bible or other religious items at my desk?
A Yes. As with witnessing to co-workers, an employee can bring his Bible to work and keep it at his desk if he is required to do so by sincerely held religious beliefs. To ensure that this religious belief of having a Bible or other religious items at work is protected by Title VII, an employee should first of all be able to honestly say that their religious beliefs 

Many employers have sincerely held religious beliefs which 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 faith at the door when they come to work. The following information provides some guidance for religious employers who want their business to reflect their faith.

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.  "Title VII does not, and could not, require individual employers to abandon their religion."  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 by not discriminating on the basis of religion.

How do I know if I have experienced Religious Discrimination?

Many people are not sure what constitutes religious discrimination in the workplace. There are many ways to discriminate against people; some are very obvious and others are more subtle. The subtle discriminations are often hard to recognize and harder still to prove in a religious discrimination claim. Therefore, we will look primarily at more outward forms of religious discrimination.

Religious discrimination includes, but is not limited to, the following:

-          Firing an employee because of that employees' Christian beliefs;

-          Loss of promotion due to one's Christian witness at work;

-          Failure to give an employee a raise until the employee no longer spends free time (such as breaks or lunch) discussing religious beliefs with other employees.

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Private Employers do not have to adhere to these exact guidelines, but they can be helpful to shed light on how Religious Freedom Principles apply in both government and private company employment.

The following Guidelines, addressing religious exercise and religious expression, shall apply to all civilian executive branch agencies, officials, and employees in the Federal workplace.

These Guidelines principally address employees' religious exercise and religious expression when the employees are acting in their personal capacity within the Federal workplace and the public does not have regular exposure to the workplace. The Guidelines do not comprehensively address whether and when the government and its employees may engage in religious speech directed at the public. They also do not address religious exercise and religious expression by uniformed military personnel, or the conduct of business by chaplains employed by the Federal Government. Nor do the Guidelines define the rights and responsibilities of non-governmental employers - including religious employers - and their employees. Although these Guidelines, including the examples cited in them, should answer the most frequently encountered questions in the Federal workplace, actual cases sometimes will be complicated by additional facts and circumstances that may require a different result from the one the Guidelines indicate.

Section 1. Guidelines for Religious Exercise and Religious Expression in the Federal Workplace.
Executive departments and agencies ("agencies") shall permit personal religious expression by Federal employees to the greatest extent possible, consistent with requirements of law and interests in workplace efficiency as described in this set of Guidelines. Agencies shall not discriminate against employees on the basis of religion, require religious participation or non-participation as a condition of employment, or permit religious harassment. And agencies shall accommodate employees', exercise of their religion in the circumstances specified in these Guidelines. These requirements are but applications of the general principle that agencies shall treat all employees with the same respect and consideration, regardless of their religion (or lack thereof).

A. Religious Expression.

Legal Advice & Services - If you feel you might need legal advice and/or services in this area, these organizations can provide more detailed information and further research into specific situations where religious discrimination may be occurring:

~ American Center for Law and Justice (ACLJ) - www.aclj.org

~ Alliance Defense Fund (ADF) - www.alliancedefensefund.org