A reader writes:
Not like the majority of your letters, I’m going to call my employer for 2 causes: (1) I technically work for an elected official so it’s not a typical boss/worker relationship and (2) a number of reporters coated and recorded the conduct in query as a result of these had been public occasions. Yow will discover it on-line in every single place.
I’m a state worker in Virginia, and I’m not appointed. Though I work at an company, I’m technically a part of the chief department, which suggests I work for Governor Glenn Youngkin. I’m additionally an atheist.
I’m fairly excessive up in my company, which suggests I work immediately with Governor Youngkin’s workers loads on public occasions: speeches, ribbon cuttings, bulletins, conferences, and so on. Throughout his speeches, he and his spouse repeatedly point out their Christian religion, and so they converse as if the complete viewers is Christian as properly.
Right here’s what bothers me. One in every of Governor Youngkin’s habits is to open a public occasion or speech with a prayer (or a minister does it), closely reference his relationship with Jesus Christ all through his remarks, and request us to bow our heads and say “amen.” In a single occasion, he mentioned all of us at a public assembly had been “created in God’s picture” and I used to be so uncomfortable and irritated, however I hid my frustration. I refuse to bow my head or shut my eyes or clasp my fingers or say “amen” on command or applaud an anecdote concerning the energy of believing in Jesus Christ. I merely stand or sit the place I’m and say nothing, trying off into the gap. A number of days in the past, my large boss (a Youngkin appointee) seen that I wasn’t bowing my head in the course of the opening prayer at a public occasion, and he gave me a puzzled look after which an eyebrow elevate. Though I’m uncomfortable, I’ve by no means mentioned something nor drawn consideration to myself. I doubt anybody else in my workplace is aware of how I really feel. However…
There’s one other occasion with the governor developing, and my large boss mentioned he desires to speak to me beforehand. (It won’t be about my lack of participation.) I’d prefer to be ready if he or anybody from the administration approaches me about my lack of participation in spiritual choices. (My large boss could be very involved with appearances.) What are my rights? What can they legally ask me to do? How can I politely and professionally push again? Do I’ve to reveal that I’m an atheist? Can they forbid me from attending these occasions? (In the event that they did, that’d be an enormous blow to my profession.) I checked my HR coverage, however I can’t discover something particular to this situation.
The opposite non-Christians in my workplace would love this data as properly.
(To be clear, I don’t suppose Governor Youngkin is actively attempting to transform individuals. I feel he and his workers have been round individuals who imagine precisely like them for thus lengthy that they don’t notice that workers of different faiths and no faiths exist as properly.)
Youngkin is my governor too and it’s infuriating to observe what he’s doing in our state.
I requested employment lawyer Jon Hyman of Wickens Herzer Panza, who writes the extremely helpful Ohio Employer Legislation Weblog and is the writer of The Employer Invoice of Rights: A Supervisor’s Information to Office Legislation, to weigh in on this. Right here’s what he mentioned:
The office and faith don’t combine, whether or not the office is public or personal. An employer can’t pressure its workers to evolve to, observe, or follow their employer’s chosen spiritual practices and beliefs. Something completely different violates Title VII in both a public or personal office. Furthermore, in a authorities office there are extra First Modification considerations. A state or native authorities doesn’t violate the First Modification by beginning authorities conferences with a prayer, because the Supreme Courtroom held in 2014 in City of Greece v. Galloway. Nonetheless, there’s a huge distinction between holding a prayer and forcing participation in it, even nominally such a bowing one’s head or in any other case showing to be reverent. The latter is illegal (and on this case probably unconstitutional).
What which means in your case: You can’t be required to take part in prayer. You can’t be instructed to bow your head or say “amen.” You have to be allowed to take a seat quietly and never take part, as you’ve got been doing. In addition they can’t forbid you from attending public occasions or work occasions should you decline to carry out spiritual observance in the way in which they need.
You don’t want to reveal you might be an atheist. You can disclose it, if you wish to! However you’re entitled to maintain that personal too.
I requested Jon, “If the letter-writer’s boss does confront them about why they’re not bowing their head, and so on. throughout prayer, do you’ve got advised wording to push again? I do know they might simply bluntly say that they’ll’t legally be required to take part — and that could be the way in which to go — however assuming they’re involved about preserving issues as harmonious as attainable of their working relationships and since they seem like coping with zealots, would you advise any specific messaging? My first thought is to say one thing like, ‘Oh, I don’t take part in public prayers’ … after which provided that pushed, ‘Legally, we will’t require that sort of participation from workers.’” Jon replied:
If requested, it definitely places the worker in a tough spot. I like the thought of a softer method first, one thing like, “My faith and spirituality could be very private to me, and I’d favor to maintain it out of the office.” If pushed, the worker may at all times fall again to authorized argument, however at that time I really feel like the connection could be broken to the purpose of irreparability.
I love the “my faith and spirituality could be very private to me, and I’d favor to maintain it out of the office” language should you’re snug saying it and would have that able to go should you want it.
Jon additionally supplied this recommendation to employers:
In the event you’re pondering of holding a prayer assembly, conducting non secular discussions or rituals, or doing anything remotely associated to faith at your organization, don’t. Faith has no place at work. Your workers have the unfettered proper to follow the faith of their selection or to not follow any faith in any respect, and none of it’s any of anybody else’s enterprise.
