Opinion: 'Faith at Work' creates legal landmines

FAW programs take many forms.

Springdale, Ark.-based Tyson Foods’ values statement describes the company as faith-friendly and boldly proclaims that the company strives to honor God.

Riverview Community Bank in Ostego, Minn., is a self-described Christian financial institution. Bank officials place hands on customers and pray with them over loan requests.

Atlanta’s Home Banc Mortgage Corp. employs a chief principle officer to instill biblical principles in the company, such as caring for employees beyond the workday.

Ford Motor Co., American Airlines and Intel Corp. support religious employee networks. Employees get work-release time to pray, meditate and study religions. Some companies provide chaplains or spiritual advisers to aid employees.

Previously I supported FAW programs as positive contributors to corporate cultures. Today I am more skeptical, even unbelieving, of the value of the programs, at least within for-profit companies. My skepticism comes from personal observations and experience with FAW programs.

The programs contain legal land mines that can damage a company’s finances and reputation. Also, some FAW programs are just “bad faith at work.” Phony FAW programs disillusion and harm employees.

This month’s column is Part 1 of two. In it, I describe FAW’s legal land mines. Next month’s column will show potential harm to employees.

Legal land mines

FAW programs can lead to hostile work environments or discrimination claims. Religious bias cases have grown with the FAW movement.

In fiscal year 2003, the U.S. Equal Employment Opportunity Commission reported 2,532 religious bias charges, an 82 percent increase since 1992.

Religious objectivity and toleration are largely myths. History proves competing religious doctrines often are irreconcilable. Atheists sometimes openly scorn people of faith. Like Karl Marx, some atheists consider religion to be the opiate of the masses. Ironically, civil rights laws define atheism as a religion.

Religious people can be even more intolerant of atheists and one another. Christianity, Judaism, Islam and other religions are doctrines of absolutes. The assumption of each is “Our beliefs are true, and other beliefs are false.” Convinced of the righteousness of our beliefs, we proselytize others to convert them to our religion. Proselytizers can create a hostile work environment.

Nonreligious co-workers or members of other religions, especially workplace minority religions, may feel pressure to convert to the dominant religion or defend personal beliefs. Their failure to join in the dominant religion’s activities makes them vulnerable to criticism, verbal abuse and ostracism. They fear stigmatization by co-workers and management as being outside the company’s mainstream and not “team players.”

They also fear discrimination, especially if they openly oppose the company’s FAW program. Their fears are genuine. I’ve known high-ranking executives to demand the names of so-called troublemakers who complain about the FAW program. Many employees remain suspicious of FAW programs regardless of management’s nondiscrimination promises.

Members of the company’s dominant religion may also suffer discrimination if they oppose the FAW program. Some religious employees resent introducing religion into the workday because they believe to do so is disrespectful of the sacred. On the other hand, dominant religion employees who engage in the FAW program may receive preference in promotions, raises, bonuses and other benefits.

Recommendations for employers

Before creating an FAW program, consider its need. The Civil Rights Act of 1964 already bans discrimination against workers because of religion. Employers must reasonably accommodate workers’ religious beliefs so long as accommodations do not cause undue hardships. An employer may benefit more by considering the merits of individual religious accommodation requests than establishing an FAW program. Also, nothing forbids workers from silently praying at their desks during the workday.

Employers who choose to have an FAW program should take certain precautions. Define what is allowed and under what terms and conditions. All religions, including atheism, must be treated equally. Disassociate the company from any particular religion to avoid favoritism claims. Reassure employees that program participation is voluntary and they will not be penalized for opting out.

Make it clear that job security, compensation, advancement and other benefits are not dependent upon religious beliefs or FAW involvement. Prohibit proselytizing. Constantly monitor the program for violations and promptly remedy any program violations or deficiencies.

Finally, develop a thick corporate skin – program criticisms and conflict will occur.

John D. Copeland, J.D., LL.M., Ed.D., is an executive in residence at the Donald G. Soderquist Center for Business Leadership and Ethics and professor of business at John Brown University in Arkansas.