The First Amendment to the U.S. Constitution is truly the law of the land when it comes to “the free exercise of religion” and “the freedom of speech.” As a nation, we have embraced those rights and worked to ensure they are duly protected both in the workplace environment and our daily personal lives. But when does “free exercise of religion” present itself as excessive proselytizing? In today’s litigious world, just how fine is that proverbial “line” between First Amendment rights and workplace harassment when it comes to the topic of religion? More importantly for employers: How do you recognize when the “line” has been crossed? The answer truly rests within the details of each individual situation.
According to the statute, employers are required to reasonably accommodate the religious beliefs or practices of an employee unless doing so would create an undue hardship. However, courts and the EEOC recognize that workplace proselytizing can create an undue hardship if it interferes with another employee’s work or if other workers find it harassing. Therefore, if an employee complains to management regarding another co-worker’s persistent sharing of their own religious beliefs, a hardship may be considered. As a result, an employer should seek preventive measures, including specific workplace harassment training, to avoid any legal ramifications and ensure the company continues to sustain a comfortable environment for all employees − free of any form of workplace harassment or discrimination.
Verbal communication and proselytizing are not the only culprits of potential religious harassment. Equal consideration should be given to whether open displays of religious articles in the workplace should be permitted, because such items may be visually offensive to other employees, customers, vendors and even job applicants. As a preventive measure, many employers have recently implemented restrictions regarding the use of email signature lines that reference biblical scripture and limit verbiage to the employee name, job title and organization. Employers should take the opportunity during town hall meetings or similar workplace gatherings to reiterate the company’s EEO/non-harassment policy, or even offer supplemental workplace harassment training.
Tolerance is a critical component towards embracing a diverse working environment. The ability to respect and accept cultural and religious differences within the workplace is equally as important as acceptance in our lives outside of work. However, for today’s employers, maintaining that delicate balance is not always an easy feat. A good rule of thumb to follow: If the reported behavior is offensive to one individual, chances are other individuals have similar objections. Keep in mind these same individuals may take it upon themselves to actively seek a more stringent and potentially legal resolution to the impending workplace harassment issue.
An ounce of prevention is definitely worth a pound of cure.
FHSG's Jennifer Melton is a monthly guest blogger for The Network Inc.'s The Network GRC Blog.