Federal
Conscience Protection
Title
VII of the 1964 Civil Rights Act
(Concerning Workplace and Union Affiliation)
Title
VII of the 1964 Civil Rights Act (42 U.S.C. § 2000e
et seq.) provides broad workplace protections
for people of sincere religious faith. Under
this code, conscience rights may be protected if/when an individual
objects to specific activities based on religious beliefs. Religion
in the employment context is defined as “all aspects of
religious observance and practice, as well as belief...“
An employer may not legally or constitutionally require an employee
to belong to any “bona-fide” religious organization
as a condition for receiving an accommodation. At most, the employer
may only require that an employee’s asserted religious beliefs
be sincere(see Frazee v. Illinois Employment,
489 U.S. 829, 834 (1989)).
Employers
are required under Title VII to reasonably accommodate
an employee’s sincere religious observances and practices,
unless such an accommodation would impose more than a de minimus
undue hardship. “Undue hardship” entails
factual evidence that co-workers of an accommodated employee
will be significantly imposed upon or that a material disruption
of the work routine will occur.” Under case law (Heller
v. EBB Auto Co., 8F.3d 1433, 1440 (9 th Cir. 1993; Tooley v. martin-Marietta
Corp., supra, at 1243; Burns v. Southern Pacific Transp. Co.,
583 F.2d 403, 406-07 (9 th Cir. 1978); Government Code §
12940(s)) mere hypothetical scenarios of what could happen if
an employee is granted an accommodation are wholly insufficient.
Title VII of the 1964 Civil Rights Act also protects
persons who, for religious reasons, object to union affiliation.
It is generally unlawful for an employer or a labor organization
to “exclude or to expel from its membership or otherwise
to discriminate against, any individual because of his race, color,
religion, sex, or national origin.” (italics
added) Within this framework, Title VII requires
a labor union to reasonably accommodate an employee’s sincere
religious observances and practices except when such accommodation
would impose undue hardship (see above for discussion of “sincere”
and “undue hardship”). The rights established herein
have been upheld repeatedly in courts. Precedent is clearly in
favor of religious accommodation even if “religious”
only indicates deep personal beliefs rather than affiliation with
an organized religion.
Often
unions state that an individual may withdraw from or refuse to
join only if the tenets of his/her faith specifically and historically
object to labor organizations, per se. This is false. Another
position unions often take is to insist that objectors must pay
a reduced amount (frequently referred to as an agency fee or a
service charge supposedly used for collective bargaining, contract
administration, etc.) One may withdraw from or refuse
to join a labor union at any time if that union’s
ideology is in conflict with one or more of one’s own sincerely
held religious beliefs. Limiting dissent to specific time periods
or hire dates is a violation of the law.
Many unions lobby for
abortion, for homosexual marriage or domestic partner benefits,
and against parental rights, and they endorse candidates who promote
those same controversial political agendas. Persons holding deep
religious, moral, and ethical convictions may object to some,
if not all, of those ideological positions.
“Reasonable
accommodation” under such situations allows for an individual
to donate the equivalent of union dues to a bona-fide 501(c)(3)
charity, such as California Nurses for Ethical Standards.
Unions may legally designate a list of at least three charities
from which charity payers may choose. However, if the designated
charities also violate the sincerely held religious beliefs of
the charity payer, he/she has the right to choose another
charity not in conflict with said beliefs. CNES
recommends careful research be done on each charity option designated
in a union contract as many do promote activities conflicting
with some moral, ethical, and religious values.
For
free assistance in drafting a formal request to withdraw from
or to refuse to join a union, go to the website of Pacific
Justice Institute at
http://www.pacificjustice.org/, where you can find a sample
letter for union withdrawal, or one of the other links listed
in our Links to other Organizations.
Some charities listed
below may violate one’s conscience in one way or another
- some on the list may surprise you. These are just a few examples,
but there are many more – so be sure to research each charity
individually before you donate.
Aids
Foundation - promotes “safe sex” as preferable
to abstinence for disease prevention in spite of the fact that
solid scientific evidence demonstrates condoms can’t provide
100% protection against STDs including AIDs.
Compassion
and Choices - formerly known as the Hemlock Society -
promotes legalization of euthanasia and physician assisted suicide.
Death
with Dignity National Center - promotes legalization
of euthanasia and physician assisted suicide.
Doctors
without Borders - promotes and provides abortions in
third world countries.
March
of Dimes – supports testing for defective embryos/fetuses
National
Association for the Advancement of Colored People (NAACP)
– holds an official position in favor of abortion on demand
Planned
Parenthood – the largest private sector abortion
provider in the world.
Susan
G. Komen Breast Cancer Foundation – denies scientific
and medical research which supports a probable link between abortion
and breast cancer. Some of their affiliates have been known to
donate significant amounts of money to Planned Parenthood.
