The Freedom From Religion Foundation deplores as outrageous and unconstitutional a memo the Office of Personnel Management released today that purports to protect religious expression in the federal workplace but encourages outright proselytizing.
“These shocking changes essentially permit workplace evangelizing, but worse still, allow supervisors to evangelize underlings and federal workers to proselytize the public they serve,” says Annie Laurie Gaylor, FFRF co-president. “This is the implementation of Christian nationalism in our federal government.”
In an appendix to the memo, this example of permissible conduct is cited: “During a break, an employee may engage another in polite discussion of why his faith is correct and why the nonadherent should rethink his religious beliefs.” It adds, “However, if the nonadherent requests such attempts to stop, the employee should honor the request.”
The memo continues: “Employees may also encourage their coworkers to participate in religious expressions of faith, such as prayer, to the same extent that they would be permitted to encourage coworkers participate (sic) in other personal activities.” It adds, “The constitutional rights of supervisors to engage in such conversations should not be distinguished from non-supervisory employees by the nature of their supervisory roles.”
As an example of acceptable conduct for a supervisor, the appendix states: “On a bulletin board meant for personal announcements, a supervisor may post a handwritten note inviting each of his employees to attend an Easter service at his church.”
While the memo says “unwillingness to engage in such conversations may not be the basis of workplace discipline,” FFRF contends that when a power imbalance is involved, and someone’s job security and promotions are at stake, employees will feel they must go along with the religious conversation or attend that Easter service.
Equally concerning is a section on “Expressions in Areas Accessible to the Public.” Any religious expressions in areas accessible to the public have to be treated in the same manner “as if those expressions are made in areas inaccessible to the public,” the memo states. The memo says bibles, religious artwork, crosses, crucifixes and mezuzahs are allowed for display, meaning if someone serves the public, they apparently may display religious icons in public areas.
Examples of how religious expression may be directed at members of the public include: “A park ranger leading a tour through a national park may join her tour group in prayer. A doctor at a Veterans Affairs (VA) hospital may pray over his patient for her recovery. A receptionist in a doctor’s office at a VA Medical Center may pray with a co-worker in the patients’ waiting area.”
The only caveat offered in the memo is that such religious expressions should “not occur during on-duty time.” Similarly, an agency may restrict all posters, but if it allows some it must allow religious posters. The memo seemingly would not accommodate atheistic beliefs, saying all beliefs are not covered under Title VII, such as “social, political or economic philosophies, and mere personal preferences.”
An earlier memo directed to heads and acting heads of departments and agencies from Office of Personnel Management Director Scott Kupor cites the Supreme Court’s Groff v. DeJoy decision, saying the U.S. Post Office must meet an “undue hardship” standard or else provide religious accommodation. The memo goes on to elaborately detail telework, religious compensatory time off and many other accommodations.
The Hill reports that the White House Faith Office worked with the Office of Personnel Management to produce the memo. The result is, unsurprisingly, extremely problematic.
The Freedom From Religion Foundation is a U.S.-based nonprofit dedicated to promoting the constitutional principle of separation between state and church and educating the public on matters of nontheism. With more than 42,000 members, FFRF advocates for freethinkers’ rights.
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