Madison Enacts Law Protecting Atheists Against Discrimination (But Atheists Are Already Protected Against Religious Discrimination Under Title VII)

While the anti-discrimination ordinance enacted in Madison, Wisconsin adding “nonreligion” to the list of protected categories was touted as the first of its kind in the nation, that’s not quite true. While it may well be the first ordinance specifically protecting those who have no religion, there is already a federal law protecting atheists against work place discrimination.

Under Title VII, the federal employment discrimination law, atheists have long been considered to be protected under the prohibition against religious discrimination. That doesn’t mean there’s no need for laws specifically protecting atheists against discrimination.

Indeed, atheists are one of the most discriminated against groups in the U.S. and the world.

While it’s unconstitutional to impose a religious test on candidates, seven states still have laws on the books requiring candidates to have a belief in god. Even though these laws would likely not pass legal muster if challenged, it’s still almost impossible for a professed nonbeliever to be elected in the U.S. Voters would prefer Muslim, gay or pretty much anyone to atheist candidates. Like gays in the past (and some still in the present), many atheists are closeted to avoid the stigma of simply not believing what others believe.O

According to the American Humanist Association: About half of Americans would object to their child marrying an atheist, and only 33% would hire an atheist in a child care position. Thirteen countries revoke citizenship, deny marriage and even kill atheists.

Whether you like them or not, it’s illegal for employers to discriminate against atheists. Further, if an atheist asks for a religious accommodation like being excused from a religious invocation at the beginning of staff meetings, the employer must grant the accommodation.

If a believer of any religion proselytizes to an atheist employee and the atheist asks them to stop, continued proselytizing could be illegal religious harassment. If an atheist employer goes to HR and reports this kind of harassment, HR needs to treat it the same as any other kind of religious harassment and nip it in the bud.

The reason I think this ordinance is a positive step is that many employers don’t realize atheists are legally protected. I hear, “That’s not a religion,” all too often. At least in Madison, it will be clear to employers that they can’t discriminate against those with no religion.

If you think you’ve been discriminated against at work, contact an employment lawyer in your state about your rights. And you do have rights.

Weird Or Not, Beliefs Are Protected Religion

A recent case where a vegan claimed she was protected from religious discrimination has caused some wailing and gnashing of teeth on the management side of my profession. The court said this about her claims:

[I]t is plausible that Plaintiff could subscribe to veganism with a sincerity equating that of traditional religious views.... Accordingly, at this early stage of the litigation, the Court finds it inappropriate to dismiss Plaintiff's claims for religious discrimination based on her adherence to veganism.

I, on the other hand, was not surprised. Indeed, I predicted this in my book, Stand Up For Yourself Without Getting Fired:

Sincerely held beliefs: You don’t need to be part of an organized religion to be protected against religious discrimination. Atheists are protected. So are “moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views.” It doesn’t matter that the beliefs are illogical or even that they aren’t held by many people. For instance, a person who practices veganism for moral reasons may be protected against religious discrimination, where a person who practices veganism for health or environmental reasons may not be protected.

It doesn't matter if you agree with the religious belief or think it's weird. Whether you dislike dreadlocks, you must respect a Rastafarian's right to wear them. Do you think a Jehovah's Witness ought to be a good sport and participate in birthday celebrations? Stop pushing. You can't do it. Think a Sikh's long hair should be cut? It doesn't matter what you think. It matters what the person who holds the belief thinks. If their belief is sincerely held, you must respect it in the workplace. No mocking or harassment allowed.

What about atheists? They don't have a religion, do they? Wrong. Atheists are one of the most maligned groups in our society, right up there with the overweight. Politicians openly blame them for tragedies that have nothing to do with them. Some openly call them evil or immoral. There are even state laws that openly discriminate against atheists. However, their sincerely held beliefs are protected under Title VII's religious discrimination provisions. That means an atheist must be excused from prayer services and other religious displays at work. You can't refuse to hire them because you assume all atheists are unethical (as my daughter's teacher announced in class the other day) or because they don't attend your church.

If you think about it, even mainstream religions have some practices that may seem weird to outsiders. Catholics engage in ritual cannibalism when they do communion. The Bible that most Christian and Jewish believers follow says offenses like adultery, not honoring the sabbath, and being a bad son are subject to mandatory death penalty.

So who's to say what's weird or whose beliefs are silly? To an atheist, a religious practice might be superstition. To others, it might be blasphemy. To some, it may be their most sincerely held belief.

Hindu, Muslim, Scientologist, Seventh-Day Adventist, Pagan, Wiccan, Satanist, and believers in Greek Mythology are all protected under Title VII.

So let's stop judging each other's beliefs and get back to work.