Further guidance may be needed to address what's considered "harassing" proselytizing. Image: PeopleImages.com - Yuri A/Shutterstock.com
By: FEDweek StaffOPM’s recently issued guidance on allowing religious items, discussions and practices in the federal workplace includes several considerations for agency supervisors and managers regarding their own rights and workplace decisions they may have to make.
A list of examples of permissible activities says that “On a bulletin board meant for personal announcements, a supervisor may post a hand written note inviting each of his employees to attend an Easter service at his church.”
Similarly, regarding workplace conversations regarding religious topics, it says that the “rights of supervisors to engage in such conversations should not be distinguished from non-supervisory employees by the nature of their supervisory roles. However, unwillingness to engage in such conversations may not be the basis of workplace discipline.”
The guidance also gives examples of employee conduct that “should not result in a disciplinary or corrective action” including displaying religious items or symbols in a workspace or on one’s person, and meeting of groups during break times. One is that, “An employee who requests his supervisor prohibit his coworkers from gathering in an empty conference room for prayer should politely be told his coworkers’ conduct will be allowed to continue as it is permissible.”
However, it adds that “when public employees make statements pursuant to their official duties, they are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline.”
The guidance also raises situations which may call on management to take other actions. For example, agencies may “reasonably regulate the time, place and manner of all employee speech, provided such regulations do not discriminate based on content or viewpoint (including religious viewpoints). Agencies may require that employees perform official work while on duty, as opposed to engaging in personal religious observances.”
Also, conversations including “attempting to persuade others of the correctness of their own religious views” are allowable “provided that such efforts are not harassing in nature”—raising the prospect of the need for a decision on what constitutes “harassing” and how to address such as conflict between employees.
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