Monday, August 12, 2024

Discrimination for "religious nonconformity" IS religious discrimination


"Prayer is the exclusive way to prevent Covid infection."

That's what Brad Amos says his bosses at Ramsey Solutions told him after the pandemic started. The company expressly prohibited remote work, and actively discouraged, demeaned, and mocked anyone who believed in other preventative measures such as masks and social distancing.

Amos instead believed in the golden rule — that he should wear a mask and keep his distance as the best way to protect his co-workers and his family. Thus, while at work he kept his distance and kept wearing a mask.

Within four months, Ramsey fired Amos for a "lack of humility" and because he "was not a good fit" … which Amos alleged in his subsequent religious discrimination lawsuit was not-so-subtle code for his failure to submit to Ramsey's religion and religious practices.

According to the 6th Circuit Court of Appeals, Title VII recognizes a claim for "religious nonconformity" — discriminating against an employee for his or her failure to adhere to the employer's promoted religious beliefs. Thus, it reversed the trial court's dismissal of Amos's religious discrimination claim.

Everyone's relationship with God — whether you call that deity God, Yahweh, Jesus, Allah, Vishnu, Buddha, the Flying Spaghetti Monster, something else, or nothing at all — is personal. I have no opinion on your spiritual relationship, as should you have none on mine. Proselytism is one small step removed from fanaticism, and rarely, if ever, has anything good come from religious fanaticism.

If you're thinking of requiring anything else remotely related to religion at your company, don't. Religion has no place at work. Your employees have the unfettered right to practice the religion of their choice or not to practice any religion at all, and none of it is any of anyone else's business.

The workplace and religion do not mix. An employer cannot force its employees to conform to, follow, or practice their employer's chosen religious practices and beliefs. Anything different violates Title VII. Amen.