Many employers try to combat workplace bias with diversity programs that emphasize company commitment to respecting differences, such as sexual orientation. But suppose an employee refuses to participate in a diversity training program, citing religious or political beliefs. Can you discipline the worker? In a recent case, an employer faced just this situation. We’ll provide practical guidelines for managing these competing interests.
Employer Schedules Mandatory Diversity Program
The Minnesota Department of Corrections Shakopee facility scheduled a mandatory 75-minute training program for employees titled “Gays and Lesbians in the Workplace.” When the session’s agenda was announced, employee Thomas Altman objected to its being mandatory and argued that it would “raise deviant sexual behavior for staff to a level of acceptance and respectability.”
The warden then sent a memo to all staff explaining that the program was part of the facility’s effort to create an environment in which all employees are treated respectfully, regardless of individual differences. The memo said the training wouldn’t tell employees what their personal attitudes or beliefs should be and reiterated that attendance was required.
Employees Read Bibles During Training Session
Before the training session, Altman and co-workers Kristen Larson and Kenneth Yackly concluded that it would be “state-sponsored indoctrination” to condone a lifestyle they believed to be sinful and contrary to the Bible’s teachings. So during the program, as a silent protest and as support because the subject matter was uncomfortable for them, they read their Bibles and copied Scripture without disrupting the presentation.
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The trainers, however, complained about the employees’ behavior. And after an internal investigation, the three workers were formally reprimanded, which made Larson and Yackly ineligible for promotions for two years.
Lawsuit Erupts
The employees sued. They charged that they were improperly disciplined based on their religious beliefs in violation of federal antidiscrimination laws and their constitutional free speech rights. The department countered that the employees were reprimanded for insubordination because they refused to be trained.
Case Can Go Forward
The federal Eighth Circuit Court of Appeals said the employees could take their free speech and religious discrimination claims to a jury. The court said there was evidence that the department disciplined the employees for their nondisruptive speech or their religion, not for being insubordinate. The court pointed out that other employees who were equally insubordinate during the training session—by reading magazines and falling asleep—weren’t punished.
Guidelines To Follow
This case illustrates the conflict that can develop between your need to maintain a safe, nondiscriminatory workforce and an employee’s religious or political views. Here are guidelines you can follow:
- Consider religious accommodation. If an employee informs you of a conflict with their religious beliefs, offer an accommodation whenever possible. Note that an accommodation isn’t required if it would be an undue hardship for you.
- Evaluate free speech issues. Although the employees in this case got the green light to take their case to a jury, there is still some room to limit employees’ speech and expression if the restrictions are carefully tailored. The law differs depending on whether you’re a private or public employer.
- Private employers. Private-sector employees typically don’t have free speech rights at work. Still, even private employers can’t discipline or fire someone over political beliefs. And politics isn’t limited to traditional election campaigns but may extend to social issues such as abortion rights, environmental concerns, affirmative action or gay and lesbian rights. You can take action, however, if an employee’s expression of political or religious views disrupts the work environment.
- Public employers. Public employers are less able to limit free speech at work. Generally, public employees who express political views can be disciplined only when necessary to maintain an orderly workplace or to protect other workers’ rights.
- Be consistent. If you have a legitimate reason to discipline someone, do so evenhandedly. Don’t show favoritism by basing discipline decisions on the content or viewpoint expressed.