strib: Displays of religion in workplace test legal boundaries

[question everything]

Displays of religion in workplace test legal boundaries

The law prohibits workplace discrimination on the basis of religion, but in practice the issue is complex and subject to interpretation.
Terry Fiedler, Star Tribune
2/26/06

If a business owner encourages employees to attend daily prayer sessions, is he guilty of harassment? What if he openly urges a non-Christian worker to convert to Christianity?

When it's a Minnesota case, judges might say that the owner didn't break any law. Legal observers say they expect more litigation as employees and employers become more open about displaying their religious views. But winning a religion-based harassment case is another matter.

Not only is the law vague, the plaintiff must prove that the work environment is hostile and the conditions are severe and pervasive. And the Eighth U.S. Circuit Court of Appeals, which hears Minnesota cases, is known for giving more latitude to religious expression in the workplace than courts elsewhere, even in the Bible Belt, said Hamline University law professor Marie Failinger, who edits the Journal of Law and Religion. A case in point, Failinger said, is Chemers vs. Minar Ford, reviewed by the appeals court in 2001.

Ira Chemers joined the New Brighton-based car dealership chain in 1996 as a lease renewal manager. By 1999, he had worked his way up to general sales manager, second only to the owner. Owner Cushman Minar was a devout Christian who held optional daily prayer sessions for employees and started management meetings with Christian prayer, according to the case documents. Chemers claimed Minar went further, trying to convert non-Christian employees. Chemers, who is Jewish, said Minar showed contempt toward his faith and ignored his requests that meetings not be started with Christian prayer. Minar fired Chemers in 2000, and Chemers claimed in his subsequent suit that Minar once proclaimed, "I want everyone in this organization to be a Christian. Not all will be Christian, but that will be their demise on Judgment Day."

(snip)

The Court of Appeals let Chemers' contention that he was unfairly fired stand for more scrutiny. The two sides settled out of court in 2002 on that issue, with both pledging not to comment further. But the court was adamant that Chemers' allegations didn't describe a hostile work environment.

(snip)

Terry Fiedler • 651-281-1166

http://www.startribune.com/614/story/269562.html

[trotsky]

1. Disturbing.

I felt very chilled reading this right on the front page of the Sunday paper.

You simply cannot tell me that this kind of "kool kids klub" doesn't directly work into raises, promotions, even day-to-day treatment of coworkers.

[question everything]

2. Same here.

Spouse works for someone who, before we moved here, was described as shedding "tears of joy" back in 2000 that the White House would now have a man like himself.