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By Mark Wright
Religious Discrimination Can Cut Both Ways
SALT LAKE CITY, UTAH -- Discrimination in the workplace can take many
forms and acts of discrimination can cause a company serious legal
problems. With the ever-increasing diversity in the modern workforce,
it can be a significant challenge just to figure out what does or
what does not constitute "discrimination," especially when it comes
to religion. An article which appeared recently in the Salt Lake
Tribune highlights many of the issues with which employers must
currently struggle. Written by employment law attorney David
Anderson, this article also mentions a specific incident of alleged
religious discrimination by a member of the Church of Jesus Christ of
Latter-day Saints.
According to Anderson's article, an employer may be found liable if
it allows supervisors or managers to pressure subordinates to
participate in religious behavior or change their behavior simply
because of the supervisor's religious beliefs. In a recent case in
California, for example, a homosexual employee claimed his former
supervisor, a Mormon told the employee he should "become a
heterosexual and a Mormon or he would go to hell." This same employee
also claimed that he was repeatedly pressured to participate in
prayer meetings at work. After quitting his job, the employee sued,
claiming religious harassment and "constructive discharge" which is a
legalistic way of saying that the employee was forced to quit because
the work environment was simply intolerable. While his claims may
ultimately prove to be without merit, the trial judge has decided to
let the case go to the jury.
In his article, Anderson also points out that not only must an
employer attempt to prevent overt religious discrimination, the law
also requires employers to accommodate an employee's specific
religious beliefs and practices. For example, a female employee of an
Employee Assistance Program (EAP) contended that, based upon her
religious beliefs, she could refuse to provide counseling to an
employee who sought assistance in working out the troubles she was
having in her relationship with her same-sex partner. The court
agreed. Additional examples cited by Anderson highlighted other
aspects of religious belief that may be invoked to eliminate alleged
discrimination. In yet another case, the court decided that a female
employee may properly object to the display of sexually suggestive
photographs, on the basis of her religion alone, without ever
characterizing the issue as sexual harassment.
While Mormons have experienced a tremendous amount of religious
discrimination throughout their history, it's good to remember that
religious discrimination is also a problem for many other faiths.
It's also a good idea for everyone to respect the beliefs and
practices of other religions as a way to encourage respect for their
own beliefs as well.
Source:
Religious Discrimination A Complex Workplace Issue
Salt Lake Tribune 17Jun01 N1
By David Anderson
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