Confederate History Month in Virginia: Employment Problems?
The Governor of Virginia has declared the month of April to be Confederate History Month. Could this present any employment problems for Virginia employers? After all, Black History Month is celebrated in February. Some employers have events at work calling attention to black history during February. Okay for Virginia employers to have events calling attention to Confederate history? What if African-American employees object?
The Governor’s proclamation shows the trouble it can cause. Though his proclamation is still in place, he had to backtrack on part of what he said. It’s interesting to note that on today’s date, Lee surrendered to Grant, though for some, the Civil War will never end.
Before putting up a Confederate flag and encouraging employees to embrace Confederate History Month, employers should probably get some legal advice, at a minimum. Go the the Equal Employment Opportunity Commission website and type in “Confederate flag,” and you’ll find some information indicating that the EEOC frowns on the display of Confederate flags in the workplace. In fact, the discharge of employees for displaying the Confederate flag at work has been upheld.
Does the fact that Confederate History Month has been sanctioned by the Governor of Virginia make any difference? Probably not. If Confederate flags or other Confederate symbols are displayed at work to recognize Confederate History Month, an employer runs the risk of creating a hostile work environment based on race, regardless of what the Governor says. Title VII is a federal law and would seem to trump a state proclamation.
Should you wait for African-American employees to complain before deciding whether to display your support of Confederate History Month? I wouldn’t think so. Though the Confederacy is certainly part of our history, allowing a Confederate display in the workplace is playing with fire from an employment law standpoint.
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About Chris Parker
Chris Parker's practice focuses on the representation and counseling of companies in matters pertaining to the workplace and the protection of their intellectual property and trade secrets. In addition to serving as an advocate for clients, Mr. Parker is also trained as a mediator and frequently serves as a third-party neutral.
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Jimmy Daniel provides counseling to businesses of all sizes related to the employment relationship. He assists in the drafting of employment agreements, policies, and handbooks, as well as provides guidance related to compliance with federal, state, and local legislation such as the Fair Labor Standards Act and the Family and Medical Leave Act.
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While serving in an Of Counsel relationship with the firm, Mr. Bridgesmith also serves as the Executive Director at the Institute for Conflict Resolution at Lipscomb University and as an officer and principal in Strategic Resolutions Group, LLC. In these roles, Mr. Bridgesmith brings over 30 years of legal experience in dispute resolution and innovative workplace strategies to clients, students and business entities alike.
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The Confederate flag is a uniquely difficult symbol. I can understand people legitimately seeing it as a sign of honor, pride, and respect for ancestors or fellow local citizens who sacrificed in the Civil War. However unjust the cause, the conditions endured by soldiers on both sides were horrific and individual acts of courage legion (yes, I read Red Badge of Courage in high school!).
On the other hand, and easily outweighing this, in my view, is the fact that the flag has been, and continues to be, used as a symbol of racism. Some “rebel pride” is not the type I mentioned above, but pride in ancestors and locals having fought to keep black slaves oppressed, an attitude clearly associated with continued racial animus. And of course the flag was a symbol much used in the massive opposition to civil rights laws in the 60′s.
So it is a legitimate perception on the part of black employees that no matter how couched in “history” they are, Confederate flag displays are likely to signal hostility to blacks — or at least a tone-deafness to a very offensive symbol. Thus, I agree 100% that it is playing with fire in the workplace. I would go further and keep a very close eye on any employee found to be displaying it on, for example, a bumper sticker!
As State of Georgia employees we all benefit from a paid holiday in a couple of weeks: “Confederate Memorial Day.” It feels surreal. It really does. A supermajority of our employees are black, and that may be the case for all of the GA government agencies, but this is what they continue to do.
A paid day off is great. Who doesn’t like those? But where is the understanding of historical reality and sensitivity towards so many who work for you? I am now the manager of 6 African Americans!
It feels to me, underneath it all, like a conscious, obviously “official” way to make some point about who is still in charge. Certainly such a “holiday” can really only be appreciated (if at all) by whites.
Scratching my bald head about this.
If I ran the state, I would do away with this holiday and replace it with a “Day Off For Rest” one. Much more benign. E.
Addendum: Obviously I am not from The South, certainly this affects my perceptions to a degree.
George and E,
Thanks much for your comments.
The Confederacy and the Civil War are part of our history and, in my opinion, should be remembered instead of celebrated. That’s just hard to pull off in some kind of official way because of slavery’s role in the Confederacy’s secession and the subsequent, excruciatingly long war.
As a white person, I can’t fully appreciate an African-American’s perspective on something like this, although I’m fully aware that slavery represents a low, maybe the lowest point, in our history. It was indefensible then and is now. As a Southerner, I do understand how people in the South are particularly keen on remembering this part of our history, whether for the right or wrong reason. Even today when the evil of slavery is much more part of the history than it was when I was a kid, there is also something glorious about the South’s fight and its loss. I know that some can’t possibly understand that perspective, but it’s an honest and not always misdirected perspective.
But back to employment law. Whatever one’s perspective, there’s just no place for an employer’s (particularly a state government’s) participation in a Confederacy celebration. It’s too divisive and racially charged.
Thanks again to both of you.
John
Try as I might, I can’t find a ‘professional’ way to express myself on this matter. The level of duplicity that inevitably accompanies the “heritage” argument is so ridiculous that it’s difficult to fathom how anyone can spout it with a straight face. Debating the point is like debating the existence of ghosts, vampires, or werewolves. Nothing you say, nor any facts you can muster, will convince them they are wrong to display the confederate flag.
As always, thanks for your comment, Frank.
There is a level of duplicity that accompanies the heritage perspective but not always. The Civil War holds a unique place in the South’s history, and I honestly believe that people can remember and even respect that part of history without displaying the Confederate flag or without a hint of racism.
This isn’t an apples to apples comparison, but the Vietnam War is regarded by most Americans as a bad war just as the Civil War was a bad war. However, when I see a Vietnam Vet license plate or placard, chills run down my spine. Such a sign reminds us of an unfortunate period in our history, but it is still a source of honor. I’m fully aware that the Confederate flag isn’t a source of honor for African-Americans and for many white Americans. It isn’t needed to remember a terrible, yet in some ways, honorable time in our history.
It seems to me that we can remember a time in our history, however glorious or inglorious it may be, without the need for an official government proclamation, the display of a divisive symbol, or a special event in the workplace.
I live 500 feet from a Civil War battlefield. When I walk through it, I pay tribute to soldiers who fought and died for the North and the South. I also feel deep remorse about the institution of slavery that caused so many such battles. It’s inconceivable that there was a time when one person could legally own another person in a country founded on freedom. The South will never rise again in the way some displayers of the Conferate flag would like, but the South’s mysterious affection for the Civil War is unlikely to ever end.
Thanks again for your comment and forgive my rambling response.
John