Pa. Atheist May Sue Over Dismissal From ‘Christian’ Firm

[pstokely]

Source: AU Bulletin

Paul Mathis, who once worked for Christian Heating and Air Conditioning, Inc., in Southampton, Pa., claims that he was fired after he identified himself as an atheist to coworkers and taped over religious messages on his company badge.

“This company is not only a business, it is a ministry. It is set on standards that are higher than man’s own. Our goal is to run this company in a way most pleasing to the Lord,” the badges read.

Mathis asserted that the firm’s evangelical Christian owner, David Peppelman, required employees to drive red vans with a dove logo symbolizing the Holy Spirit and allegedly urged Mathis repeatedly to attend church. Mathis, who says he did not object to working for a company with “Christian” in its name or to driving company vans, argued that by refusing to allow him to cover part of his badge, Peppelman had illegally failed to offer him reasonable accommodation for his beliefs.

In response, Peppelman has raised a religious-freedom defense, saying that the requested accommodation would have violated his religious beliefs.

Read more: https://blog.au.org/church-state/march-2016-church-state/au-bulletin/pa-atheist-may-sue-over-dismissal-from-christian

[atreides1]

1. I'm confused

How would the accommodation have violated the business owners religious beliefs?

[Major Nikon]

5. It's not a matter of violating the business owner's beliefs

It's a matter of failing to accommodate the complaintant's.

(a) Employer practices
It shall be an unlawful employment practice for an employer—
(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin;

http://www.law.cornell.edu/uscode/text/42/2000e-2

1. What is “religion” under Title VII?

Title VII protects all aspects of religious observance and practice as well as belief and defines religion very broadly for purposes of determining what the law covers. For purposes of Title VII, religion includes not only traditional, organized religions such as Christianity, Judaism, Islam, Hinduism, and Buddhism, but also religious beliefs that are new, uncommon, not part of a formal church or sect, only subscribed to by a small number of people, or that seem illogical or unreasonable to others. An employee’s belief or practice can be “religious” under Title VII even if the employee is affiliated with a religious group that does not espouse or recognize that individual’s belief or practice, or if few – or no – other people adhere to it. Title VII’s protections also extend to those who are discriminated against or need accommodation because they profess no religious beliefs.

http://eeoc.gov/policy/docs/qanda_religion.html

[crim son]

12. I never understand why people accept employment at a place

they know is run by wingnuts and why, if they do, they then object to having to comply with company policy. Don't misunderstand me: I don't believe anybody should be forced to work under adverse conditions like this one but it's hard to imagine the firing wasn't foreseeable.

[Major Nikon]

14. Perhaps they were naive enough to believe the employer would obey the law

[crim son]

19. I just reread the story to see if I was missing something.

Here's the thing: Wearing a company badge does not violate that employees beliefs. Somebody who works at McDonald's agrees to wear the stupid uniform but it does not mean the employee endorses McDonald's or the food being served. He can believe what he wants regardless of what s/he is wearing, or what's on the truck or the badge, in the same way that there being no official school prayer does not prevent anybody at school from praying to themselves. In this case, covering up part of the badge or otherwise obscuring the Christian nature of the business is doing damage to the business' brand.

I am not Christian and am not affiliated with any church, having left those beliefs behind me many years ago but I cannot side with the employee on this one.

[Major Nikon]

22. You are comparing a legally protected activity with one that is not

[Griefbird]

24. Religious freedom

Suppose you were a Christian and were required by your employer to wear a badge stating, "I am an atheist. God does not exist. Jesus was a zombie." It is reasonable to suggest that an employee fired for refusing to wear the badge because it violates his or her religious beliefs would win a suit to be reinstated with accommodation or compensated.
If a job applicant has to turn down a good job offer because the prospective employer will force him to violate his religious beliefs, it should be actionable unless his religious beliefs prevent him from doing the job for which he is hired. Wearing a statement of belief on one's uniform is not a requirement for an HVAC technician to perform his job. Moreover, the alleged accounts of the life of the alleged Jesus attribute to him the statement, "Be careful not to practice your righteousness in front of others to be seen by them." Any literalist Christian would also object to wearing that self righteous pap on his sleeve.

[TipTok]

25. Jesus was a lich...

Just sayin'...

[Iggo]

27. THIS.

[Major Nikon]

2. Imagine the outrage on Faux if the roles were reversed

[Laffy Kat]

3. If I see a logo with an integrated religious symbol,

I avoid that company like the plague. They lose my business before they ever get it. Don't trust them and don't want them in my house or my yard.

[mnhtnbb]

6. You and me, too.

[mrmpa]

8. i once worked for a company owned by a family of very........

strong Greek Catholic faith. The company by the 3rd generation was run into the ground and into bankruptcy. Paychecks were not coming forward & when they did, they often bounced. As one truck driver stated..."never trust a man who has to be in church on Sunday.

[Major Nikon]

11. Soon you will be required to get a cross tattooed on your forehead as a condition of employment

Anyone who protests will be fired as an example to all the other religious freedom heretics.

[Orrex]

16. Words of advice for young people

If you're doing business with a religious son-of-a-bitch, get it in writing.
His word isn't worth shit, not with The Good Lord telling him how to fuck you on the deal.

--William S. Burroughs

[iandhr]

4. I am not sure what the law is.

I am almost positive you can't fire someone just for being an atheist, but the thing with the badge might be a little more murky legally. The badge can probably be called "company property" so they can decide what goes on it.

[Major Nikon]

7. You are correct, you can't be legally fired for being an atheist

The law also covers reasonable accommodations, including those made by atheists.

See post#5

[dembotoz]

13. yeah the badge thing....a company can prescibe a uniform...they do it all the time

can not drive a coke truck in a pepsi shirt...that damn simple

[Orrex]

17. I don't believe that such protections are absolute, though

I can think of a number of sayings and slogans that might not be permitted, even under the dubious catch-all of corporate religious freedom.

For instance, no matter how often the owners go to church, I don't believe that they'd be allowed to force employees to wear a "Whites Only" badge.

Or if a company owned by atheists required employees to wear a shirt declaring "There is no God," you can bet that they'd be sued before the end of the day.

[iandhr]

18. Excellent points.

That is probably what makes this case legally murky.

[Major Nikon]

23. The right to wear symbols of religious affirmation at work must also include the right to refrain

It can't work any other way.

[flygal]

21. I used to work for Alaska Airlines

All of our meals had simple prayer cards in them. I had a couple of complaints but just did my job. I didn't even know about the cards when I was hired but learned about them during training. They said just roll with it. I'm glad they discontinued them in 2012. It was just weird. But yeah, I wouldn't have made an issue and removed them from the meals I served.

It is apparent how the companies using religious symbols stick out to me though. Guess I appreciate knowing who not to give my money to.

[Major Nikon]

26. Doing that probably wouldn't be illegal

The complaintant in this case is specifically saying he isn't suing because he was compelled to drive a truck with religious symbol. He's suing because he wasn't allowed the accommodation not to wear a statement of religion that directly interfered with his belief, or more specifically the lack thereof.

[SeattleVet]

29. I didn't know that they had stopped using the prayer cards...

I only flew with them one time, many years ago. I decided that I'd much rather fly on airlines that value maintenance, service, and on-time performance over proselytizing their customers. I just wanted to get to my destination, which, ironically was an American Atheists convention.

[HassleCat]

9. This is how they think

They believe it's a violation of their religious rights to prevent them from pounding others over the head with the Holy Jesus Louisville Slugger of the Lord. They see absolutely no irony when they criticize Muslim countries for doing this.

[houston16revival]

10. A for-profit business is not a ministry

A ministry has tax-exempt status and it's "business" is religious words and works

A ministry does not install air conditioners for profit

[dembotoz]

15. what about hospitals, many church affiliated and they sure as hell make money

understand they also have tax advantages up the waaazoo

[houston16revival]

20. Maybe they separate the profit from the non-profit side?

Hospices are required under Medicare to have 5% volunteer hours for example, to
maintain their non-profit status

Don't know about hospitals

I suppose if the owner wanted to have a Christian non-profit that serves the poor,
but that still is not a ministry per se. Could he only serve one-denomination?

And as a non-profit he must have volunteers that are not paid

There are definite laws about these statuses

You can't just buy a business, put up a cross, and announce you're a ministry

[whatthehey]

28. Much as I'd like to take his side I honestly can't

Atheism has no religious tenets or responsibilities at all, let alone any prevented by wearing a religious symbol. I understand he doesn't believe in what's on his shirt but Christ knows I've met many Ford workers who laughed at the old "Quality is job #1" shirts, especially those tasked with throughput, OEE etc. Just because the message is religious and he isn't doesn't give him any more recourse than a Ford employee not driven by quality first.

If he were being forced to pray or witness himself, I'd have an opposite opinion, but all he is here is a billboard with employer ads just like any other uniformed employee wearing a slogan they don't personally support. His actions and freedom of conscience would be not one iota different if the logo were removed. I don't see what needs to be accommodated here. He disagrees with a slogan on his shirt like thousands of uniform wearers; that requires no accomodation.

The religious symbol must be optional if it's ever allowed bit is initially tempting but not on further review. Wearing non-confrontational, safe and appropriate religious symbols is something that affirms faith. To disallow it without overriding reason restricts faith practice. A lack of faith needs no affirmation by symbol and, as an atheist of many decades, I have never come across an absence-of-faith practice that is necessary for atheism.