Rock, I'd Like You To Meet Hard Place

Somebody please enlighten me, because this seems absolutely crazy to me. Here is the sum of a recent court case:

A property owner may have discriminated against two employees who were fired after they displayed prohibited religious artwork in their office, the 11th Circuit ruled.

Source

So if I have this right, Fair Housing indicates that you should not have religious articles in the office, which was a scripture in this case, as it could imply discrimination against non-Christians, right? But by enforcing a policy that would be pro-Fair Housing, it apparently violates freedom of religion.

Maybe I'm oversimplifying things, but is this crazy to anybody else?

How is "displaying" a scripture discriminatory? Forcing you to bow down and worship, sure .. but, I am not offended at Buddist proverbs, nor Chinese proverbs, nor Koran quotes (unless any of them were 'kill everyone who doesn't bow before me'), so why would having scripture be offensive?

Talk about OTT.

And having over regulation like that is bound to cause legal conflict with laws that are there to secure freedoms :S

To be fair, I don't know if having religious items in the office is against Fair Housing, or if it is just discouraged because anything perceived to be discrimination can lead to a FH complaint. In other words, don't do it because it's just not worth it. Either way, the whole situation puts the person in a situation where they can't possible win.

That's like me bad mouthing the company I work for but being protected from being fired because I could sue due to FREEDOM OF SPEECH! HA!

Fair Housing only applies to someone that refuses to rent because of a religious beliefs it doesn't state that you cannot have religious articles present in your office. Honestly, if that was the case then all woman (or men) who wear chains with crosses would automatically be breaking Fair Housing Laws.

Depending on the state this case is from can determine the outcome. Several states are a "no fault" state where you can terminate employment as you please without cause. Ohio being one of them. If the property manager can prove, which I am sure he/she can, that there are strict policy on office decor then there really is no case at all. Secondly, if the employees refused to remove the decor after being told by a supervisor this is a direct result of insubordination which in many workplaces is cause for termination.

The plantiffs in this case have to prove that he was fired them due to their religious beliefs ONLY and not due to the above. I forsee this case going absolutly no where but I could be wrong considering we are a sue happy society these days. But I guess your question was why is this okay when it violates fair housing... well it doesn't violate fair housing to my knowledge.

Really????

If I am a prospect and see religious symbols of any kind, mind you I am atheist, your display tells me that you are preferential to a specific religion. While this may seem a far stretch it is fact to me. Guess what..... It offends me and gives me a feeling that I am not welcome to apply or live here.

Same goes to an earlier thread I read where a person is giving out Christmas Cards. Should one assume a Jewish person receiving one of these would not be offended? Nothing but a slippery slope IMO. Best thing to do is to avoid it at all costs.

Anytime you open a door, whether assumed harmless or not, you open yourself, company, and owners to a lawsuit. There are several people out there just biting at the bit to test you and the accountability held in this type of test will ruin your career.

Tread Lightly.....

A "christmas card" doesn't have to imply a religious preference. I have (that I know of) Jewish, Catholic, Shinto, Muslim, Atheist, Christian, Jehovahs Witness, Buddhist, Hindu, Mormon, Mennonite, and Wiccan residents in my building. Over the years, at least a few members of most of these belief sets have told me they enjoy the holiday card, gifts and attention. I would never have guessed that celebrating a commercial holiday would be offensive to anyone. Thank you for letting us know that it can be. That being said, I know it's possible to behave in a welcoming manner to customers who are different than me.

The cards I give out are very tasteful art on the front that was drawn by a friend. Inside it says "Season's Greetings" and thanks for choosing our community as your home, etc., signed by all the staff. Even the little ornaments that I gave out were just little resin snowmen, gingerbread house, etc.

Even though my little goodies are insignificant, my residents know that I took the time to personally make and sign each card, buy the treats, assemble the bags, and distribute them.

Forming connections like this has had a major impact on my turnover. It has decreased from 65% to 35% in the last 3 years. One downside is that residents are less "polite" because they know I will still care about them tomorrow even if they get upset with me today.

I remember feeling offended once during unit inspections when I came across a shrine to a very well known terrorist in a residents home office. But it was his home and he decorated it to his own preferences. If my office was in my home, I think I should have the right to display decorations that represent my beliefs. So fair housing could come into play. But if the office is separate and privately owned, it would be inappropriate.

Since our community is actually a privately owned business, we don't have free speech in the office. We never ever display or mention anything religious, even when not around prospects or residents. My Muslim residents are not offended by me wearing sleeveless tops, so I'm surprised that an atheist would be offended if I wore a small pendant shaped like a cross. Hopefully no one is offended by the Halloween candy dish on my desk.

This is from HUD's Memorandum of Understanding on Advertising (includes a great description on the use of what have become basically secularized symbols of holidays in the United States) -

The use of secularized terms or symbols relating to religious holidays
such as Santa Claus, Easter Bunny or St. Valentine's Day images, or
phrases such as "Merry Christmas", "Happy Easter", or the like does not
constitute a violation of the Act.

**It's a 4-page memo and gives a nice synopsis, by protected class, of what is and is not acceptable.

It applies to advertising (your "presence" in the office and your retention efforts are all forms of marketing and advertising) -

Thanks, Steve, for posting HUD's official feelings on the statement. That is incredibly helpful in understanding the legal perspective of the issue.

That said, I think many practicing Christians and non-Christians would bristle at the idea that Christmas is a secular holiday. Just something to think about as you create a communication plan that best balances both sides of the issue for your community.