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Is there a place for God in today's enlightened workplace? Is God allowed in today's workplace? Do you have the right to religious expression in the workplace?
According to the U. S. Constitution in Title 7 of the Civil Rights Act of 1964, you are allowed to practice, exercise, and even discuss your religion in your workplace without the threat of retribution. Many claim that because of separation of church and state, you have no rights to your religious beliefs while in some form of official or government capacity. A great source of confusion for many workers, the phrase is actually nowhere in the U. S. Constitution. The Constitution simply prohibits the establishment of religion through the establishment clause of the First Amendment. The Supreme Court of the United States stated, "The establishment clause does not license government to treat religion and those who teach or practice it simply by virtue of their status as such as subversive of American ideals and, therefore, subject to unique disabilities."
Today's workplace is made up of people of all religions as well as all genders, races, national origins, ages, and disabilities. The religious practices of all employees and employers are covered and supported. This does not mean, as with other protected areas, that you may not be tested, disciplined, and even harassed.
Defining religious discrimination
It is common for people in the workplace to not only be ignorant of their rights regarding religious freedom, but also what constitutes religious discrimination. There are many forms and applications of discrimination. Discrimination can range from outright discipline or sabotage to subtle insults or insinuations. As with most forms of discrimination, it is necessary to look at the obvious forms of discrimination when determining your rights and protections under the law. Forms of religious discrimination, which you are protected from include, but are not limited to:
1. Loss of promotion due to witnessing to one's religion.
2. Being fired due to your religious beliefs.
3. Withholding a pay raise with the stipulation that an employee must stop using free time, lunch time, and breaks to discuss their religious beliefs with other employees.
4. Being harassed due to wearing religious clothing or jewelry.
5. Continual mocking of your religious beliefs.
6. Intentional use of offensive language to ridicule religious beliefs.
If you have been harassed, there are steps to follow to rectify the situation. These steps must be followed before you bring charges to the Equal Employment Opportunity Commission
(EEOC).
Victim Rights
Employee rights are protected. However, that protection is uniquely applied based on their workplaces. The employee has a specific set of rights regarding freedom of religion, but the rights and responsibilities of the employer balance those rights. These rights will differ depending on whether the workplace is private or government. Title 7 of the Federal Law protects the religious freedom of all employees. To be protected by this law, employees must follow these steps before taking their charges further:
1. They hold a sincere, religious belief that conflicts with an employment requirement.
2. They have informed the employer about the conflict.
3. They were discharged, disciplined, or subjected to discriminatory treatment for failing to comply with the conflicting employment requirement.
It is important to note that while an employee may seek the protection of Title 7, the sincerity of his or her religious belief is rarely the issue. However, failure to act consistently on the religious belief may be considered evidence that a belief is not necessarily sincerely held. If applicable, the fact that a religious belief was recently acquired does not render it an insincere one. Also, an employee is not held "to a standard of conduct which would have discounted his or her beliefs based on the slightest perceived flaw in the consistency of his or her religious practice."
Also important is what is considered "religion" under these laws. Most people assume that the Jewish and Christian religions are protected because they are in the majority. However, according to this law, "Title 7 protects more than observance of Sabbath or practices specifically mandated by an employee's religion." Religion under this law has been held to include, "Old Catholic Religion," the Black Muslim Faith, Atheism, and "Faith in Humanity." It does not include in this protection membership in associations such as Ku Klux Klan. So, although you may consider certain practices part of your religion, not every religion or religious practice is protected.
Employee Rights
Government employees enjoy the protection of both Title 7 of the Civil Rights Act of 1964 and the free exercise in Free Speech Clauses of the U. S. Constitution regarding religious discrimination. However, only Title 7 protects private employees in corporate settings. Know your rights and respect those of your co-workers. As far as your general rights, you have the right to:
1. Keep a Bible, Koran, or Torah on a private desk and read it during work breaks.
2. Discuss religious views subject only to the same rules of order as applied to other employee personal expression.
3. Display religious messages on items of clothing to the same extent that other personal messages are permitted to be displayed.
4. Invite co-workers to religious services.
5. Wear religious jewelry and medallions.
6. Accommodate a sincerely held religious belief so long as the employer is not unduly burdened.
There are numerous scenarios that pertain to each type workplace and the state in which you live.
Employer Rights
Employers, like employees, are not required to be "religion free" while conducting business. They are empowered by law to operate their businesses while maintaining and practicing their deeply held religious beliefs. To ensure that an employer does not infringe on employee rights while protecting his own, there are some simple guidelines to follow:
1. Do not give the impression that hiring, firing, and advancement in your organization depends on converting to or agreeing with your beliefs. This can be done in many ways. For example, ensure that all applications state that applicants are considered for all positions without regard to religion. Include this statement in any other employee materials and ensure its accuracy by practicing what you preach.
2. Ensure that if you choose to speak about your religion to an employee, they know that their continued employment or advancement is not contingent on agreeing with or converting to your religious beliefs. If at any time your employee expresses that he would not like to discuss the subject with you, it should not be brought up again. As such would be deemed harassment. The same guideline applies to any religious material brought into the workplace by an employer.
3. As employers, you are free to hold devotional meetings for employees as long as attendance is not mandatory. Additionally, if supervisory or management personnel participate, this is not considered discriminatory. Posting meeting notices with a disclaimer that the devotional meetings are voluntary and holding such meetings after or before work hours will further enforce that these meetings are not discriminatory.
4. You can require employees to attend training courses that are taught with a curriculum supported by your religious beliefs. However, you cannot require employees to undergo religious training, participate in religious services, or engage in behavior that would violate their sincerely held religious beliefs. This is a very fine line to walk, do so carefully with the utmost caution and respect for your employees.
In the workplace, problems range from simple ignorance about what is protected and complaints of someone's religious freedom infringing on someone else's, to fights over paid vacation days on religious holidays, and outright harassment and discrimination. It is up to you, the employer, to know your rights and provide an educated and protected workplace.
Religion in the workplace is a protected and tested right of every employee and employer in government or private industry. Have mutual respect, gain knowledge of the rights of everyone in the workplace, and implement correct policies to ensure those rights are protected in the workplace, whether you and others you work with pray to God, Allah, Yahweh, or Jehovah. Then maybe we can all comfortably do what we need to do - work together with as much mutual respect as possible.
For more information about Ken Chapman and Associates' Leadership Development Programs, contact Ken Chapman at 205.366.0265 or email Ken at
kchapman@leaderscode.com.
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