By Eric B. Meyer
It’s not that often that you come across a case where an employee alleges a hostile work environment based on religion. Sex? Sure. Race? Yep. But religion? Not so much.
Yet, when your employees are faced with the choice “My religion or my job,” it’s time to call the lawyers.
Here are the facts from this federal court opinion (in Garcimonde-Fisher v. 203 Marketing):
Sounds preachy to me, but a hostile work environment? Well, according to the court, yeah, maybe so:
Hostile work environment claims prevent employers from creating conditions that are inhospitable to any but those who share their beliefs. … When the teachings and practices of an employer’s religious sect saturate a workplace such that an employee is constantly bombarded with those teachings such a workplace may be considered hostile. Such profusion may effectively alter the terms of employment in a way that disadvantages the religious outsider who is thus faced with the choice “My religion or my job?” Title VII forbids employers from forcing employees to make this choice whether overtly or covertly.”
The plaintiff produced evidence where the company referred to the King James Bible as the proper Bible and to Catholicism as not the “right kind” of Christianity.
But the icing on the cake was the addition evidence that the company owner said as much — if you don’t like my religion, you can quit.
Or, I suppose, you can sue too.
This was originally published on Eric B. Meyer’s blog, The Employer Handbook.