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The Christmas Wars: Religious Discrimination and Accommodation

December 30, 2008 at 9:47 am by: John Phillips

Just when it seemed “The Christmas Wars” were cooling, a religious discrimination complaint filed with the Equal Employment Opportunity Commission has stoked the fiery chasm separating the politically correct from the Christian faithful. Simply put, which is it: ”Happy Holidays” or ”Merry Christmas”?

A former employee of Counts-Oakes Resorts Properties in Florida says she was fired when she refused to answer the phones as instructed: “Happy Holidays from Counts-Oakes Resorts Properties. How may I assist you?”  When the employee, a Christian and a Baptist, objected and offered to say either “Merry Christmas” or to continue greeting callers the same way they were greeted throughout the year, she was fired. Her employer says, for the moment, there’s a lot more to it than that.

The employee insists that her religious beliefs prevented her from contributing to the secularization of Christmas, so she asked for an accommodation, something she’s entitled to as long as her belief is sincerely held and the accommodation doesn’t cause the employer an undue hardship. Some employment lawyers/bloggers are siding with the employer. For example, see here and here, because saying “Merry Christmas” isn’t a tenet of religious faith, or the employee wanted to use her employer’s telephones to push her own faith.

I’m hesitant to take sides in The Christmas Wars, but I’m also hesitant to blow off the employee’s complaint. An employee doesn’t have to show that what she believes is a tenet of her church but of her own personal faith. Moreover, the employee’s willingness to continue the regular greeting seems to thwart the argument that she wanted to use the phones to preach rather than greet.

The term “Merry Christmas” has been so commercialized over the years, I dare say that when most people say it or hear it, they’re more inclined to think about Santa than Jesus. But if an employee’s faith causes her to request to say “Merry Christmas” or not say “Happy Holidays,” the request must be considered. Such a request may be an annoyance to an employer, but is it an undue hardship? Perhaps the employer will argue that it is, because the employer has a legitimate interest in using a greeting inclusive of all faiths. But millions of employers permit the use of ”Merry Christmas” without any problem at all.

I’ve tried to think about the greetings I received this year over the telephone, via email, at the cash register, and as I entered a place of business. “Merry Christmas” and “Happy Holidays” were the most frequent. Occasionally, “Season’s Greetings.” But I also heard: “Have a blessed day”; “The blessings of the season”; “God bless you”; “Blessings to you and your family”; “Peace”; “Have a joyous holiday”; and things similar.

All could be construed as having religious connotations. But firing employees for using them? Forbidding any greeting other than “Happy Holidays”? Perhaps employers will win the right to do so, but it’ll be a Pyrrhic victory.

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4 Responses to “The Christmas Wars: Religious Discrimination and Accommodation”

  1. Rich Wiederspahn Says:

    It seems that the employer and the employee are both making much about nothing. It seems rather trivial and a overreaction to fire someone or be fired over a greeting. No one is being asked to denounce their faith and customers probably do not care how they are greeted as long as it is a polite greeting. Someone, employer or employee, needs to give a little

  2. John Phillips Says:

    Rich,

    I don’t disagree with you, but requiring an employee to give a little can be problematic if you’re asking her to give a little on a sincerely held religious belief. I’ll concede we don’t know for sure about this here. The employee might argue that she was willing to give a little by agreeing to continue using the greeting that had been used throughout the year. It does seem like this is something that should have been resolved short of a firing and an EEOC charge.

    Thanks very much for your comment.

    John

  3. ACU Frank Says:

    I know I’m jumping into this late, but… I can’t help thinking this is where having an informed, valued HR professional on board really comes in handy. Partly due to the battle over secularization, I think too many people have drawn lines in the sand that don’t need to be drawn. I’m sure the business owner thought he was doing the “right” thing. He may have even thought he had a legal obligation to mandate a secular greeting. Again… an informed, valued HR professional could have helped the company avoid a lot of grief.

  4. John Phillips Says:

    Well said.

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