RELIGION IN THE WORKPLACE

Sopjul

I have a question regarding religion in the workplace.

Since an employer cannot discriminate based on an individual's religious beliefs, how does this affect the staff of a Day Care facility that is directly run and operated by a Lutheran Church?

Not all of the current staff are Lutheran, or for that matter Christian, however they support the teachings of the curriculum as required. The staff has recently been told,that,among other requirements, the Board just purchased a more aggressive "Christ-centered curriculum" and in order to support this new curriculum, they are requiring that all staff members be committed to the teachings of Christ in their personal and professional lives.

In one of these job descriptions is states that all employees are required to "live the Christian faith". How does this affect an employee, currently of Muslim background, who is more than willing to remain employed in the Day Care and teach Christianity to the children, but remains loyal to her own religion at home which is muslim? Can they deny her employment based on this issue?

I appreciate feedback on this issue.

Don D

There is a law allowing religious organizations to discriminate on the basis of religion in hiring for jobs in which the practice or belief in the specific religion is a legitimate, job related requirement and the work involved is connected to religious activities, just as it is allowable, for example, for a production company to hire only females to play female parts in a play. Concerns should be addressed to the EEOC in the form of a telephone inquiry, not necessarily a charge of discrimination. They will provide you with the full body of law regarding this subject.

Terri B

There have been court decisions that support the right of a religion/church centered business like this to discriminate based on religion.

Balloonman

While I agree with Terry's post that this is allowed, the question as I see it is different here. They hired individuals, and now want to change the rules/requirements of employment. I can see moving forward only hiring employees who meet this criteria, although it will cut down on the applicant pool in general, it may help those that strongly believe identify them as an good prospective employer.
I am not well versed in this area, but can see problems if the let go employees they hired previously.
My $0.02 worth.
DJ The Balloonman

Crout

As a matter of fact, religious, educational institutions such as you have described are exempt from the prohibitions against discrimination in employment in Title VII of the Civil Rights Act of 1964. So yes, they CAN discriminate based on religion.

Theresa Gegen TX

You really should have an attorney look over your organization and what it is doing to make sure it qualifies for the exemption from Title VII for religious reasons. It sounds like it would qualify from your post, but there has been atleast one case that I know about where a private school, that was somewhat christian, but did not endorse any specific christian church teachings (sounds like your original organization), was held liable for religious discrimination. I do not recall the name of the case off of the top of my head, but before implementing the change, the expense of hiring a labor attorney and having them review the law and facts closely, will be well worth it.

Good Luck!