The California Supreme Court has issued a new ruling that gives religious institutions broad reign to discriminate in the workplace based on religion. We’ll explain this decision’s uncertain impact.
Clerk Fired For Proselytizing To Co-Workers
Terence Silo was a file clerk in the medical records department of CHW Medical Foundation, a Catholic-affiliated medical center in Sacramento. Silo, a devout Christian, frequently talked to co-workers about Christianity, said Jesus loved them, and asked them not to take God’s name in vain.
The human resources manager warned Silo not to “soul save” at work and that he shouldn’t use the word “God” unless he did so off the clock. But Silo continued preaching. After employees complained that his religious solicitation was harassing them, Silo—who was already on probation for poor work performance—was fired.
Employee Sues For Wrongful Termination
Silo sued CHW, saying he was treated differently from non-Christian employees and that CHW failed to accommodate his sincerely held religious beliefs. He claimed that his termination violated public policy because the state Constitution requires religious accommodation. CHW contended that no clear public policy prohibited CHW—a church-affiliated employer—from taking religion into account in making employment decisions. But a jury sided with Silo and awarded him economic damages of $6,305 for lost wages plus a whopping $155,245 in attorneys’ fees.
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A California appeals court upheld the jury’s finding that Silo’s firing violated public policy on the grounds that the California Constitution prohibits discrimination against employees for their religious practices unless reasonable accommodation would cause the employer undue hardship.
Religious Organizations Can Ban Inappropriate Religious Speech
But now the California Supreme Court has thrown out Silo’s lawsuit. The court said that despite a public policy against religious discrimination, the hospital’s actions were protected by its right to free exercise of religion. The free exercise right permits religious organizations to define themselves and their religious message and to choose employees who won’t interfere with the organization’s religious mission or message.
How Far Does This Ruling Go?
Although this case specifically involved a religious employer’s right to control religious speech in the workplace, the ruling also appears to allow religious organizations to base other types of personnel decisions, such as hiring and firing, on an employee’s religious creed. But the court suggested that it might rule differently if a religious employer were sued for sex discrimination.
Silo had made an additional claim that his termination violated the state Fair Employment and Housing Act, but that charge was dismissed because the FEHA didn’t cover religious nonprofits at the time he filed his lawsuit. Since then, however, the law has changed, and the FEHA now prohibits discrimination by religious-affiliated employers such as CHW that hire workers for nonreligious jobs at health care facilities serving the general public. The Supreme Court refused to decide whether this amendment created a new public policy prohibiting religious health care employers from unreasonably restricting religious speech in the workplace. We’ll keep you posted as this area of the law continues to develop.