Athiest employee cries ' discrimination '!
Hatti
20 Posts
One of our employees is very outspokenly an athiest, and company policy protects his right to that belief as it protects all others to hold their own beliefs. Recently this employee, who normally works in the Yard area, had an occasion to go to the administrative office area to get paperwork. While there he saw a small card posted inside the cubicle of a person who works in the admin. area. The card is actually a design published by Hallmark, with the character "Maxine", holding an American flag - the caption is "It's IN GOD WE TRUST or just bite my ass and leave!"...meant to be a patriotic statement. The athiest gentleman took exception to the word 'GOD' being used and asked HR to 'investigate'. Together with our company president, I reviewed the cartoon (no one else was in the area at the time) and we agreed that, while not in the finest taste, the cartoon was meant as a 'passionately patriotic' statement and would not be offensive to a 'reasonable person'. I stated this in my response to the complaining party and said that the president would not make an issue of this with the person who has the cartoon in her cubicle. This morning the Yard Foreman tells me that the complainant is calling state offices to make a formal complain against our company. This a long 'post', but will really appreciate any comments, similar experiences, etc. Hatti
Comments
Good luck
Thanks to all of you for responding...some very good points. I'm hoping this will just 'go away'....if it doesn't, I'll let y'all know what happened. hatti
A couple of additional points though: 1-- having reached this decision re: the HR employee's card, you must now be prepared to allow the atheist employee, if he wishes, to put up something saying those who believe in (a) God "bite his ass", or similar messages that don't verge into the overtly profane/obscene. Otherwise, you're treating the atheist differently.... and that IS an open invite to lawsuit.
2-- As long as the HR employee's card is displayed within their cubix (and not, say, on the outside panel, or prominently at the entrance, so that it might be construed as telling those who disagree to go away) I don't think it's a serious concern. But, as one who lives daily w/ the fact that we in HR are here for all the employees (and hence, sigh, must in most cases hold ourselves to a higher standard) the company might want to give some thought as to what messages individual HR staffers are putting out there to employees. Hope this is helpful.
Would you think different if the athiest employee had a little cartoon or saying on his desk indicating that those who believe in a God bite his ass and leave.
While I don't think that this one incident constitute some form of "religious harassment" (of those who don't believe in a God), it is akin to the picture of an employee's female friend in a bikini that is on his desk at work. What would you do in that circumstance?
If this ee didn't get a promotion or a raise and the person making that decision was the employee with the card then he might have a case but from what I have read that has not occurred. Good Luck!
OK, my hard hat is on and I'm waiting.
I'm not entirely sure why he was offended by the use of the word "god"-most atheists i know don't object to the word, but rather being forced to proclaim belief in something in order to engage in daily life. For example, a morning prayer led by a specific religious leader, or being judged in a court of law not by our administrative laws but rather by a judge's religious conviction.
Perhaps a larger issue is lurking below the surface?
"In most cases whether or not a practice or belief is religious is
not at issue. However, in those cases in which the issue does exist, the
Commission will define religious practices to include moral or ethical
beliefs as to what is right and wrong which are sincerely held with the
strength of traditional religious views. This standard was developed in
United States v. Seeger, 380 U.S. 163 (1965) and Welsh v. United States,
398 U.S. 333 (1970). The Commission has consistently applied this
standard in its decisions...The fact that no religious group espouses
such beliefs or the fact that the religious group to which the
individual professes to belong may not accept such belief will not
determine whether the belief is a religious belief of the employee or
prospective employee."
Clearly, the individual under this provision can be an atheist and still be protected as long as his views are sincerely held just like the criterion for a theist who sought the CRA's protection against religious discrimination (read harassment).
I'm not saying that the greeting card comment constitutes harassment given it is only one card in a cubicle. But I don't think the employer can ignore the complaint on the basis that complainer is an atheist.
What would it do if this were a female complaining about a male co-worker's picture of a female friend in a thong bikini? It may not constitute sexual harassment by creating a hostile environment but I suspect the employer would probably try to work something out to prevent the issue becoming more hardened.
But there is the more fundamental consideration that I think the employer has to deal with. The "rudeness" of the comment directed at athiests, "bite my ass and leave." I'm sure that if a co-worker had said that to the employee with the greeting card, the employer's HR would have been all over the co-worker for making a rude remark.
I'm hugely offended by the card - why? Because it's stupid, it's not funny, and it's pushing the owners personal agenda - it had to be visible enough so that this employee in question (and probably others) could see it. Dang straight I would think it would create a hostile work environment - probably not actionable on it's own merit, but could be added to other 'indignities' to create a strong case. The presence of this card basically says to anyone that doesn't believe in the message you can a) shut up about it, or b) get so heated that you now run your mouth off with your co-workers and then threaten legal/government action? (Which is now time & money sinking down the drain to talk and talk and talk and talk and talk about the issue and wonder about legal ramifications, yada, yada, yada)
Tell the employee with the card to take it down and explain the word 'sensitivity' and 'tasteful' to them. This card and it's wording was intentioned to inflame controversy - and it sure succeeded.
Seems that would be an easy solution as long as she has no objections.
Chari
Again, on it's own merits - probably not a legal hostile environment - added to other 'indignities' and you could be looking at trouble.
while any act or statement in which harassment or whatever is alleged may turn out not to be that, may have other elements of inappropriate conduct that should be of concern to the employer. Clearly, the "bite my ass" is one even if it wasn't brought up by the employee. Further, if in objective terms, to a reasonable person, if the act or statement is harassing, even if the employee didn't complain about it as such, the employer is still obligated to deal with it. Again, I'm not saying that the "Trust-in-God-or-bite-my-ass-and-leave" statement is harassment but if it had reached that level, even if the employee hadn't objected to the entire statement, I think the employer would be required to do something about it.
Couple of thoughts................ Humor like beauty is in the eye of the beholder. What would happen if an employee had a cross on the neck? Would the atheist object? Would we make a fuss over that or again is it a pain in the butt employee just stirring the pot? Are we going to police jewelry like we do cubes.
What about Dilbert cartoons? As a safety manager who worked for a meat company I had two Dilbert cartoons up in my office. One poked fun at safety one at management. They were discretely posted on the side of a file cabinet. All of the supervisors, and my corporate bosses thought they were hilarious. My plant manager did not find humor in them. (I think the one that poked fun at management hit to close to home x:D ) He wanted me to take them down. I did not refuse, but gave him a hard time, basically embarassed him into dropping the issue. (I was not planning on staying, working conditions were miserable and I was not will to just fall in line, long story)
Technically anything can be offensive to anyone. I have a no whining sign up in my office most think it is funny I am sure it is not viewed that way by all. I also have duck prints as I hunt.........somtimes I look at them when I want to smack an employee take a deep breath and thing of some enjoyable times in the fields. But I have a vegatarian friend that is offended by the thought of hunting. If they offended an employee I would not change them.
Wow, I have rambled on.............sorry about that. Fine line this issue here, which we cannot win with. What one person views as a curse, the word damn, another does not. Depending on the work environment what is accepted in one place would be inappropriate in another.
Evaluate the situation, the complaint, use common sense and your gut and go with the decision.
My $0.02 worth.
DJ The Balloonman