5.03.2006

Employees Cannot Force Feed Religion in Workplace

This happens to be one I agree with, as reported by the Sacramento Bee:

SAN FRANCISCO - A county social services department cannot be required to accommodate the belief of an evangelical Christian employee that he must share his faith with clients and others on the job, a federal appeals court ruled Monday.

On balance, said the 9th U.S. Circuit Court of Appeals, the constitutional duty of the Tehama County agency to avoid entangling itself in religion outweighs the constitutional right of Daniel M. Berry to promote his religious views.

The decision upheld one by U.S. District Judge Lawrence K. Karlton in Sacramento.
It was a rebuff to the U.S. Equal Employment Opportunity Commission, which had authorized Berry to sue. The federal agency said Berry should be allowed to discuss religion with "receptive" clients and display a Spanish-language Bible and "Happy Birthday Jesus" sign in the cubicle where he counsels them.

Writing for a unanimous three-judge appellate panel, Judge Consuelo Callahan said, "The department's clients seek assistance from Mr. Berry in his capacity as an agent of the state. Accordingly, they may be motivated to seek ways of ingratiating themselves with Mr. Berry, or conversely, they may seek reasons to explain a perceived failure to assist them.

"It follows that any discussion by Mr. Berry of his religion runs a real danger of entangling the department with religion. This danger is heightened by Mr. Berry's admission that unless restricted, he will share his faith with others and pray with them."