Godless heathen discrimination?

October 19, 2005 11:36 PM

My 15-person department is getting its photo taken for a company newsletter (the company is an enormous multinational one with 120,000+ employees). We were told to wear "appropriate" clothing, and one co-worker was told specifically not to wear his white shirt that says ATHEIST across the front. He is, in fact, an atheist. Could he complain to HR?

No one would tell a Christian not to wear their crucifix, so does it count as discrimination that my coworker was told he can't wear a shirt indicating his faith — or lack there-of?

posted by anonymous to work & money (16 comments total)

An employer can legally set a dress a code. Are you sure they're objecting to the message as opposed to objecting to the unprofessional appearance of a shirt with large lettering across the front? For example, do you think they'd object if he wore a suit and tie with Darwin cufflinks? And with regards to your supposition that "No one would tell a Christian not to wear their crucifix," I suspect you're wrong. If your co-worker were a Christian instead of an athiest and he regularly wore large crucifixes dangling from his ears, I'd be willing to bet they'd ask him to choose a more professional profession of his faith for a company photo.
posted by RichardP at 11:57 PM on October 19, 2005

You've got an interesting test case there, but in most cases, the employer has the power to control things such as employee dress. It's very difficult to prove deliberate discrimination and the EEOC in general prosecutes very few such cases.

The key factor that has tipped the similarly-hard-to-litigate sexual harassment cases is whether the employer has a set policy that they communicate and enforce. I would imagine the case here is similar. Would they permit you to wear a "Darwin fish" tie clip? Almost certainly. Would they permit another employee to wear a t-shirt that says "CHRISTIAN" across the front? That's the kind of question at hand. It does sound like your friend has been able to wear the shirt at work already, which creates an inconsistency problem.

Ultimately, a shirt with a religious or political message would be seen as inappropriate in almost every professional setting I've been in. Why does your friend want to embarrass his boss?
posted by dhartung at 12:05 AM on October 20, 2005

I think even if a religious person wore a big t-shirt that said JESUS DIED FOR YOUR SINS, that it would be viewed negatively. If the co-worker wants to make a statement or go out in a blaze of glory there are much better ways to do it. These things don't even make the news anymore. Maybe he could embezzle several million dollars and donate it in the company name to the Church of Satan? Or come in late on a weekend night and set fire to a 50-ft burning cross on the front lawn? The possibilities are endless.
posted by JJ86 at 12:09 AM on October 20, 2005

It's a company newsletter, nobody's going to read it anyway, so what's the point in making a scene? Besides, they'd probably just photoshop the word right out. Seriously, they totally would. I know people who have done newsletters for giant companies. They do all sorts of photoshopping.
posted by furiousthought at 12:18 AM on October 20, 2005

Unless you are attending a Madonna show circa 1986, a crucifix is likely to be a small, unobtrusive item impossible to spot in a group photo, so that's not a great analogy.

Really, it was a lame management move to single your friend and the particular item of clothing out. A better thing would have been to say to all of you as a group: We're having our picture taken for the company newsletter. It's okay to be informal, but please wear neater casual clothes; ie, no T-shirts with slogans on them. However, if your work environment were truly draconian, the management would have never made this request, because your co-worker never would have had an opportunity to wear a shirt like this at any time. This seems less like a crackdown and more like a personal (if awkward) plea from your boss to present a professional image for your department. Why create bad feelings with and trouble for a boss who's normally supportive of letting employees wear what they like? It's not so much to ask that for one day your co-worker wear something more professional.
posted by melissa may at 12:23 AM on October 20, 2005

Your co-worker should stop being so childish. If there was someone else there that was told they could wear their shirt that said JESUS CHRIST on it, it would be discrimination, but as it stands, it is just your coworker creating hassle and conflict for no discernable reason.
posted by chill at 5:39 AM on October 20, 2005

They can always just tell him his services aren't needed the day the photo is taken and to stay home and not earn a paycheck.
posted by whoda at 6:08 AM on October 20, 2005

Any shirt that advertises or promotes an agenda is inapropriate work wear, especially in a context where it will directly reflect on the department/company.

And what Chill said.
posted by furtive at 6:18 AM on October 20, 2005

Wearing a t-shirt saying "JESUS DIED FOR YOUR SINS" will piss of Atheists.

Wearing a t-shirt saying "ATHEIST" will piss off the Christians.

Neither are suitable for a company photo.

I'm Atheist. But I dont make a big song and dance about it. I leave that to the Christains wearing their "JESUS SAVES" t-shirts and wearing their crosses, and sticking funny little fish on the back of their cars. But thats just me.
posted by lemonfridge at 7:07 AM on October 20, 2005

We're not talking about your coworker being brought up in front of some corporate ethics commitee here and made an example of, they just want to take a frikkin simple photo and I think it would be pretty childish and purposefuly confrontational to use that as a forum for some kind of workers rights movement. Besides, I havent heard of many 120k+ multinationals that even allow their employees to wear t-shirts like that so he/she should be thankful as it is.
posted by postergeist at 7:44 AM on October 20, 2005

Besides, I havent heard of many 120k+ multinationals that even allow their employees to wear t-shirts like that so he/she should be thankful as it is.

Seconded. I wish my company was that cool.
posted by deadfather at 7:52 AM on October 20, 2005

If this is the biggest, most momentous issue in your friend's life, we should all have such problems.
It's a goddamn company picture. Wear whatever they tell you to and get back to work.
posted by signal at 10:32 AM on October 20, 2005

I'm an athiest and I'd have told him off for that too. Same way I'd tell off someone with a big shirt saying any other religion's name on it. Even shirts that say "STRAIGHT" or "GAY". It's just not appropriate attire, and especially inappropriate for a company photo shoot of any type.

Mountains out of molehills... I must say.
posted by shepd at 10:47 AM on October 20, 2005

No one would tell a Christian not to wear their crucifix

Different level of noticeability, sorry. There's a guy at my work who wears pentagram rings and I don't think anyone's ever looked twice. But if someone wore a "jesus is lord" t-shirt to work for company photo day, it would cause a stir.

I'm not sure if wearing a crucifix is actually part of anyone's religious practice, but consider things like the yarmulke. You have to let people wear something if it's part of practicing their beliefs, not just an advertising widget for their religious affiliation. If you're Jewish and you think that god doesn't want to look down on your uncovered head, then you should be able to cover it. You're not doing it to advertise your faith to others. It's not a "statement," it's part of a practice.

The "atheist" T-shirt does not have that defense, I'm afraid.
posted by scarabic at 5:43 PM on October 20, 2005

No.
posted by angry modem at 5:51 PM on October 20, 2005

It's not like they're ... CRUCIFYING him.
posted by Alt F4 at 4:14 AM on October 23, 2005