Witchcraft and Religious Discrimination
As you’ve undoubtedly heard, about 11 years ago, the Republican nominee for the U.S. Senate in Delaware, Christine O’Donnell, admitted that she dabbled in witchcraft when she was in high school. (Here) This news has traveled all over the place and has become a political issue in the Senate race. The ensuing hubbub is significant for employers, not because of politics, but because it raises an important issue under Title VII of the Civil Rights Act, which prevents religious discrimination.
So, if Christine O’Donnell were applying for a job with your company or was already an employee and told you what she has told the press, could you take that into account in deciding not to hire her or to terminate her employment? No.
Witchcraft is practiced by Wiccans, and Wiccans are members of Wicca, and Wicca is a recognized religion. It is, of course, controversial. Some people condemn it. Some are afraid of it. Some contend it’s not a religion. Some say it’s Satanic. No matter. It is a religion, the members of which are protected by Title VII.
The reason I raise this issue is that there are many religions we’ve never heard of. In Christianity alone, it’s estimated that there are 1,200 denominations in the U.S., many of which I’m sure most of us have never heard of. That doesn’t lesson the protection of their members from religious discrimination at work.
You may have employees who come to you with sincere concern that co-workers are witches or Wiccans. As long as they aren’t performing rituals or otherwise interfering with co-workers at work, they’re protected by Title VII.
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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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I would like to clarify one important point you omitted, John…
In Glinda v. Land of Oz, and later reaffirmed by Samantha Stephens v. McMann and Tate, the courts have consistently held that an employer has NO obligation to provide separate parking for brooms, and can in fact prohibit employees from bringing their brooms into the building as long as they prohibit cars and other vehicles from being brought into the building. As you will probably remember, the ‘friend of the court’ brief filed by Schwinn Co. caused many employers to refine their bicycle parking policies.
Hope this helps!
Frank,
It helps indeed. I’m sorry I overlooked this.
I hope you continue your incisive comments. I’ve missed them, but you’ve been a little more active lately.
You should do comedy for HR folks and employment lawyers.
John
I just tried to envision this topic as a centerpiece to your next AEPA-type video. haha
Wow. Brilliant. I should have thought of that, but I’m glad you did. Thanks, Frank.
John