Comments on: Does Religious Observance and the Workplace Mix? http://www.concurringopinions.com/archives/2008/03/does_religious.html The Law, the Universe, and Everything Tue, 14 Feb 2012 05:18:12 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Rick Johnson http://www.concurringopinions.com/archives/2008/03/does_religious.html/comment-page-1#comment-49953 Rick Johnson Fri, 30 Jan 2009 22:47:14 +0000 http://www.solove.org/archives/2008/03/does-religious-observance-and-the-workplace-mix.html#comment-49953 Wow, it's really disgusting how the filthy, insidious disease of religion keeps trying to worm its way into every nook and cranny of modern life. Where is the outrage? Doesn't this make anyone angry? Aren't you afraid?!! Or are you all brain-dead zombies in the giant cult called religion? Wow, it’s really disgusting how the filthy, insidious disease of religion keeps trying to worm its way into every nook and cranny of modern life. Where is the outrage? Doesn’t this make anyone angry? Aren’t you afraid?!! Or are you all brain-dead zombies in the giant cult called religion?

]]> By: Paul http://www.concurringopinions.com/archives/2008/03/does_religious.html/comment-page-1#comment-49952 Paul Wed, 12 Mar 2008 22:05:45 +0000 http://www.solove.org/archives/2008/03/does-religious-observance-and-the-workplace-mix.html#comment-49952 Jonathan, my paper deals with National Labor Relations Act (NLRA)-eligible workplaces, so only private workplaces. Clearly, there would be different issues for public workplaces given the application of the Religion Clauses of the Constitution. I talk about some of those here in this other paper: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=946801. As far as family-owned vs. non-family-owned, the NLRA is generally not applied to mom and pop shops (if that is what you mean). On the other hand, if you mean a large, religiously-oriented family-owned companies, like Chick-Fil-A, I suppose an argument could be made that employees should know that religion infuses a company like that and should not be surprised by religious observance. But just because a Chick-Fil-A is religiously-oriented does not mean it would not be subject to a Title VII claim for religious harassment if its supervisors proselytized unwilling workers. For a view that there should be an exception for religiously-oriented, private employers under Title VII using an expressive association analysis, see Julie Manning Magid & Jamie Darin Prenkert, The Religious and Associational Freedoms of Business Owners, 7 U. PA. J. LAB. & EMP. L. 191, 218 (2005)(arguing recent free exercise, hybrid rights, and associational cases decided by Supreme Court, support religiously-devoted employers' rights to promote religion and disassociate from individuals who do not share their beliefs without violating antidiscrimination laws). Jonathan, my paper deals with National Labor Relations Act (NLRA)-eligible workplaces, so only private workplaces. Clearly, there would be different issues for public workplaces given the application of the Religion Clauses of the Constitution. I talk about some of those here in this other paper: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=946801.

As far as family-owned vs. non-family-owned, the NLRA is generally not applied to mom and pop shops (if that is what you mean). On the other hand, if you mean a large, religiously-oriented family-owned companies, like Chick-Fil-A, I suppose an argument could be made that employees should know that religion infuses a company like that and should not be surprised by religious observance.

But just because a Chick-Fil-A is religiously-oriented does not mean it would not be subject to a Title VII claim for religious harassment if its supervisors proselytized unwilling workers.

For a view that there should be an exception for religiously-oriented, private employers under Title VII using an expressive association analysis, see Julie Manning Magid & Jamie Darin Prenkert, The Religious and Associational Freedoms of Business Owners, 7 U. PA. J. LAB. & EMP. L. 191, 218 (2005)(arguing recent free exercise, hybrid rights, and associational cases decided by Supreme Court, support religiously-devoted employers’ rights to promote religion and disassociate from individuals who do not share their beliefs without violating antidiscrimination laws).

]]> By: Jonathan http://www.concurringopinions.com/archives/2008/03/does_religious.html/comment-page-1#comment-49951 Jonathan Wed, 12 Mar 2008 20:54:11 +0000 http://www.solove.org/archives/2008/03/does-religious-observance-and-the-workplace-mix.html#comment-49951 In your paper, do you make distinctions between public and private corporations, family-owned versus non, etc.? --Jonathan In your paper, do you make distinctions between public and private corporations, family-owned versus non, etc.?

–Jonathan

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