Conscientious Objectors: What Employees Can — and Can’t — Refuse to Do on Religious Grounds

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This fall, the Supreme Court will hear arguments in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission. The case concerns whether a Colorado bakery owner can lawfully refuse, on religious grounds, to create a wedding cake for the celebration of a same-sex marriage. Although it isn’t technically an employment case, Masterpiece is certain to reignite the debate over religious “conscientious objectors” in the workplace. Kentucky county clerk Kim Davis is perhaps the most visible example, having won short-lived fame in 2015 when she went to jail rather than issue marriage licenses for same-sex couples. In a similar vein, Wyoming judge Ruth Neely recently was disciplined for refusing to perform same-sex marriages; she has asked the U.S. Supreme Court to review her case. A Supreme Court victory for the Colorado baker — or for Judge Neely — will embolden workers who believe their religious views should trump their employers’ job requirements (or the law).

What can employees refuse to do on religious grounds, and will Masterpiece make any difference? Under Title VII, employers must reasonably accommodate their employees’ religious beliefs and practices unless such accommodation would impose “undue hardship.” What this means isn’t firmly settled, however — particularly in the private sector. What if a bakery owner wanted to make a cake for a same-sex wedding, but an employee refused to do it on religious grounds? Could the owner fire the employee? Does it matter if the owner simply could ask a different employee?

On October 31, 2017, TELG managing principal R. Scott Oswald will participate in a webinar titled “Conscientious Objectors: What Employees Can — and Can’t — Refuse to Do on Religious Grounds.” Together with Kara M. Ariail, a partner at Holland & Knight, Mr. Oswald will discuss best practices for accommodating employees with needs that arise from sincerely held religious beliefs.

This webinar will offer best practices for three main scenarios:

• Default rules under Title VII, as interpreted by the Supreme Court and other courts. For instance, can employees refuse to:
• Shave a beard?
• Remove a headscarf?
• Serve certain customers?
• The special case of government employees, whose religious speech/acts may raise additional First Amendment concerns — and who possibly may be affected by Masterpiece, depending on how it is decided
• The special case of religious employers, who have more leeway to discriminate against employees on the basis of religion

This panel discussion, which will consider the perspectives of both employers and employees, is aimed mostly at legal and human-resources professionals. Its organizer, Bloomberg BNA, will facilitate CLE credit for most jurisdictions.

» To register for just $99 (54% off!), click here and use promo code SPEAKER17