Must firm allow employee to discuss his religion at work?
November 11, 2011 by Tim GouldPosted in: Communication, Discrimination, Employment law, In this week's e-newsletter, Latest News & Views, Management, Retention and turnover, Terminations
Just how much leeway does a manager get to discuss his religious beliefs in the workplace? Judging by a recent court ruling, a lot.
The case involves Eric Weathers, who was employed as a sales manager for FedEx in Chicago.
Weathers described himself as a conservative evangelical Christian. He was a member of an internal organization of Christian FedEx employees, and he spoke at company sales conferences about his faith.
But his beliefs apparently caused some conflict in the workplace. One of his direct reports filed a complaint alleging that Weathers discriminated against her.
She alleged that Weathers quoted scripture to her on numerous occasions, and that he had recited a portion of the Bible that says a “slave should be obedient to his master” — meaning that the employee should be obedient to Weathers.
FedEx officials investigated, talking to a range of employees about Weather’s behavior. Some employees raised questions about Weathers’ leadership style, but the general consensus was that he treated co-workers fairly.
FedEx concluded that Weathers hadn’t violated any company policies. But it issued him a letter of “counseling” — a form of discipline that’s less serious than a letter of “warning” — and told him discussions of religion with other employees “must cease.”
The reason: FedEx felt that allowing Weathers to continue to talk about his religious beliefs would create a hostile work environment for his co-workers.
A short time later, Weathers sent an email to his supervisor and an HR rep, asking for clarification on the ban of religious discussion. As an evangelical Christian, Weathers said, he was obligated to answer any religious questions he was asked.
Weathers didn’t receive a response to this email, which he characterized as a request for religious accommodation.
A few months later, Weathers was demoted for performance reasons and later quit. He then sued FedEx for religious discrimination, failure to accommodate his religious beliefs, hostile work environment and emotional distress.
Failure-to-accommodate claim survives
The court tossed all of Weathers’ claims except religious accommodation.
There, the judge ruled, he had a case: Weathers could convince a jury he believed he had an obligation to answer questions about religion, FedEx was certainly aware of his belief, and his email seeking clarification of his prohibition from talking about religion could qualify as a request for accommodation.
So the case is now headed for trial, where both sides will argue their views on an interesting question: How far does an employee’s right to express his religious views go? If those views make his co-workers and the overall workplace uncomfortable, can the employer step in?
We’ll keep you posted. To view the judge’s recent decision, go here.
Tags: court decisions, Eric Weathers, evangelical Christian, FedEx, religious accommodation
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November 14th, 2011 at 12:26 pm
Seems to me like there is a difference between answering questions and quoting scriptures in meetings and to staff. Just saying…
November 21st, 2011 at 12:30 pm
Tricky. If the guy is indeed an evangelical Christian, it should be easy for him to prove that his religion dictates that he answer questions about it. He could even demonstrate a requirement to proselytize (as could any Muslim, etc.).
The balancing act for the company would logically be staying out of the free exercise of his religion (which would include most conversation in the workplace, as most is non-business-related), but to make sure that he understands that he may not make employment decisions for others based on whether they practice (or fail to practice) HIS beliefs.
So what do you do when Mr. Weathers engages in behavior that is supported by both his faith AND good management practices? Telling a subordinate that supervises others to “Let your yes be yes, and your no be no” is that same as saying to be trustworthy, and to keep your word, even if it isn’t written into a contract. So do his motives matter? When he denies a promotion to a salesperson because she stretches the truth sometimes – is it because lying is against company policy (duh) or is it because lying is a sin? Tough call; I wouldn’t want to be in the middle of it.
What about hostile work environment? An Evangelical or a Muslim could easily make someone uncomfortable with discussions of God’s/Allah’s law/will/justice/etc. Do you council them to start every sentence with an “according to my beliefs” disclaimer?
Because telling people they can only talk about work-related issues when at work just isn’t gonna cut it.