united-states employment discrimination workplace wisconsin
What are the limits of religious freedom in the workplace?
<p>Federally in the US, only race, sex, and religion are protected classes, i.e. it's illegal to make employment decisions (hiring/firing/salary/promotion/etc.) on the basis of a worker's race, sex, or religion.</p>

<p>Let's say that I have a Christian employee, Joe, who verbally harasses a gay employee, Steve. Joe is confronted by management or HR about his behavior, but he defends himself by saying that he is a devout Christian and he is only attempting to save Steve's soul. (For the record, while I personally am a Christian, I don't think the workplace is the right place for these conversations.)</p>

<p>What could the company do? Could they reprimand, or even fire, Joe for his harassment of Steve? Or would the company be required by federal law to keep Joe on staff even when he harasses other workers?</p>

<p>I can think of an example involving only religion as well. If I saw another employee wearing a Satanic symbol I would be very offended. But Satanists have religious freedom too and are also protected by federal law. So who wins?</p>

<p>The <a href="https://www.eeoc.gov/policy/docs/religion.html#_Toc203359539" rel="noreferrer">EEOC web site</a> has much information on this topic including summaries of close cases that have been decided in court.</p>

<blockquote>
  <p>To determine whether allowing or continuing to permit an employee to pray, proselytize, or engage in other forms of religiously oriented expression in the workplace would pose an undue hardship, employers should consider the potential disruption, if any, that will be posed by permitting this expression of religious belief.[196] As explained below, relevant considerations may include the effect such expression has had, or can reasonably be expected to have, if permitted to continue, on co-workers, customers, or business operations.</p>
</blockquote>

<p>a. Effect on Workplace Rights of Co-Workers</p>

<blockquote>
  <p>Expression can create undue hardship if it disrupts the work of other
  employees or constitutes – or threatens to constitute – unlawful
  harassment.  Since an employer has a duty under Title VII to protect
  employees from religious harassment, it would be an undue hardship to
  accommodate such expression.  As explained in § III-A-2-b of this
  document, religious expression directed toward co-workers might
  constitute harassment in some situations, for example where it is
  facially abusive (i.e., demeans people of other religions), or where,
  even if not abusive, it <strong>persists even though the co-workers to whom it
  is directed have made clear that it is unwelcome.</strong>  It is necessary to
  make a case-by-case determination regarding whether the effect on
  co-workers actually is an undue hardship.  However, this does not
  require waiting until the alleged harassment has become severe or
  pervasive.[197] As with harassment on any basis, it is permitted and
  advisable for employers to take action to stop alleged harassment
  before it becomes severe or pervasive, because while isolated
  incidents of harassment generally do not violate federal law, a
  pattern of such incidents may be unlawful.[198]</p>
</blockquote>
