When does religious expression in the workplace cross the line?

When does religious expression in the workplace cross the line?

While federal law (Title VII) permits religious expression by employees, supervisors and managers, it prohibits religious harassment. Don't insist on either religious participation or non-participation. A supervisor or manager may not, explicitly or implicitly, insist that an employee participate in religious activities or hold particular religious views as a condition of continued employment, promotion, preferred job assignments, or any other benefit or privilege of employment. Nor may a supervisor insist that an employee not participate in religious activities outside the workplace or not hold particular religious views. That would be religious harassment.

On the other hand, supervisors may engage in religious discussions or expressions that cannot reasonably be perceived by employees to be coercive. Even if coercion is not intended, however, supervisors need to be careful that their statements and actions cannot reasonably be perceived to be coercive.

Example : During a conversation about weekend activities, a supervisor tells one of her employees that she very much enjoyed Saturday morning synagogue services, that religion is an important part of her life, and that she is planning to invite the employee to her son's upcoming bar mitzvah.
Is this permitted? Without more, the supervisor's statements could not reasonably be perceived to be coercive and would not be unlawful. If the employee declined the invitation and told her supervisor that she was uncomfortable attending religious services, the supervisor should honor the employee's expressed preferences and not ask again.

Reprinted with permission. © CCH

When does religious expression in the workplace cross the line? While federal law (Title VII) permits religious expression by employees, supervisors and managers, it prohibits religious harassment.

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