Employees have the right to practice their own religious beliefs—and not be subjected to proselytizing by their supervisors or others with influence over their work. Constant exhortations to be “saved” or otherwise renounce religious beliefs can create a hostile religious environment and great potential for a lawsuit.
That’s why you should seek to create an atmosphere that welcomes members of all faiths and discourages any employees from probing too deeply into co-workers’ or subordinates’ religious practices. That means making reasonable accommodations for diverse religious observances (holidays off, prayer breaks and the like) while discouraging proselytizing.
Recent case: Heman Panchoosingh, who worked for General Labor Staffing, is a practicing Hindu of East Indian descent. One of General Labor’s owners, who supervised Panchoosingh, is a born-again Christian.
For the first year or so at the company, Panchoosingh claims the owner constantly bombarded him with religious talk, asking him to convert to Christianity. Panchoosingh claimed that five hours out of every eight-hour workday were consumed by the boss’s efforts to get him to renounce his faith.
Panchoosingh said the owner pleaded with him to save his soul through baptism, and pushed him to attend church services. Panchoosingh said he did go to a few services in an attempt to appease the boss.
Other alleged religious harassment included the owner telling Panchoosingh that he was “praying to a rat god” and bestowing on him a set of Bibles.
When it became clear Panchoosingh was not going to convert, things started to deteriorate. Panchoosingh was written up for minor infractions and eventually fired.
He sued, alleging religious discrimination and harassment.
The court said there was enough evidence for a jury trial. (Panchoosingh v. General Labor Staffing, No. 07-80818, SD FL, 2009)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Prompt corrective action limits harassment liability
- No mandatory arbitration agreement if EEOC case is pending
- What are some strategies to stop employees from abusing intermittent FMLA leave?
- Complaining about harassment of non-Employee isn't protected activity