Articles:
What to look for in a Trainer
Who's in Charge?
Can You Still Talk About Jesus at Work
Attorney David C. Gibbs, Jr
from The Legal Alert june 2004
Recent
statistics show that, second
only to sleep, American spend the majority of their time in the
workplace. The average full-time American worker 8.3 hours a day on the
job. because of the large amount of time spent at work, many Christians
recognize that the workplace provides an obvious opportunity for
witnessing. But these Christians are now facing increasing
opposition from their employers when they engage in witnessing
activities at work.
The Christian
Law Association receives numerous calls and emails every day from
employees who have been warned that “religion has no place in the
workplace.” Some employees have even been terminated for exercising
their right to religious expression.
Unfortunately,
company officials often do not understand the religious rights of their
employees and sometimes wrongfully discipline them for activities that
are entirely appropriate. Far too often, employers mistakenly treat
religious speech like sexual harassment and create a “zero tolerance”
policy for religion that is similar to policies for sexual harassment.
Religious speech and sexual harassment, however, are concepts that are
worlds apart. Religious speech enjoys both constitutional and statutory
protections that have never been granted for sexual harassment.
Here
are a few examples of recent calls to our office:
*
|
A state university department supervisor
called when he was facing disciplinary action for violating the
university’s “harassment” policy. Human Resources personnel informed
him that, because he was a supervisor, he could never talk about
religion to another employee. This interpretation of the law was
incorrect. |
*
|
Another employee of a large retail
establishment in Illinois frequently shared her faith with her
co-workers. Because, this employee knew the laws controlling religious
speech in the workplace, she always made a point of asking her
co-workers to tell her if they did not want to discuss religion with
her. None of her co-workers ever complained to her, yet, she was
terminated for violating the store’s “harassment policy.” |
*
|
Another Florida employee called our office
wondering why his employer could instruct him to cease all voluntary
religious discussions with co-workers, while employees who consistently
violated the company’s profanity policy were never disciplined. |
As these
individuals learned, the key to being an effective witness in the
workplace is to understand exactly what your rights to witness are in
that context. Some important questions to consider are:
*
|
Is sharing your faith ever harassment? |
*
|
Are there greater restrictions on religious
expression for supervisors? |
*
|
Does it matter if you are witnessing to your
company’s customers or your co-workers? |
*
|
Do the laws vary depending on whether you are
employed in the private sector or by the government? |
RELIGIOUS
DISCUSSIONS WITH CO-WORKERS
The Title VII
Civil Rights Law of 1964 provides the general rules for all private
workplaces employing fifteen or more people. One key principle of that
law is that when employees are permitted to discuss politics, family,
sports or other topics on the job, religious conversations with
co-workers may not be prohibited. The water cooler and employee
lunchroom are a type of public forum where citizens share ideas and
interact at a variety of levels. A company that allows employees to
engage in other non-work-related conversations may not prohibit
voluntary religious discussions between employees.
In informal
settings, such as break rooms or hallways, and at times when co-workers
voluntarily interact about non work related issues, religious employees
may discuss their religious views or voluntarily pray together. The
same rules apply that would apply to any private employee
conversations.
For instance,
other employees may not stop religious exchanges simply because they
can be overheard. An employee for a large retail store in Indiana
called our office. She and several other employees met informally and
as privately as possible for a brief word of prayer before clocking in
for the day. They asked God to bless their supervisors and co-workers
and prayed for other needs. One day, company management asked the group
to stop this practice because another employee had been offended when
she saw them quietly praying. Attorneys for CLA helped to inform store
management that another worker’s offense at this quiet religious
activity did not justify prohibiting it in the workplace. If the
workers had been discussing the previous night’s TV programming, no
question would have been raised.
Despite these
clear legal principles, our office often receives calls from Christian
employees facing discipline for sharing their faith. Incredibly, some
employers will allow non-Christian religious expression, yet forbid
religious expression from Christians. For example, attorneys for CLA
recently assisted an employee who was disciplined for sharing his
Christian perspective on suicide and salvation with a co-worker who had
just expressed his belief in reincarnation and stated that he was
contemplating suicide. The employee who called us had actually been
terminated for pleading with his co-worker not to commit suicide and
for sharing the hope of life found in Jesus Christ!
Limits
on Religious Discussions with Co-workers
While
Christian employees have broad rights to express their faith to
co-workers, there are two basic limitations that must be followed.
1) An
employee must not allow religious discussions to interfere with his
work. An employer has the right to insist on the employee’s full
attention during working hours. A Christian employee should be careful
not to create even the perception that religious discussions are
interfering with his job performance. Also, if an employee is ever
disciplined for religious expression, it is easier to prove that the
religion topic is the reason for the discipline if the employee has a
good work reputation and a clean record as an excellent, dedicated
employee. In one recent case, attorneys for CLA were able to point to
the employee’s glowing Performance Evaluations (copies of which he
always kept at home) when management insisted the Christian employee
was not a victim of religious discrimination, but was being disciplined
for poor work performance.
2) If other
employees indicate, either directly or indirectly, that they do not
wish to discuss matters of religion, the Christian employee should
immediately stop discussing religion with those employees. If the
religious discussions with those particular employees do not stop, the
employee could legitimately be disciplined for harassment. Attorneys
for CLA tell Christians to think of this legitimate workplace rule in
terms of “the shoe being on the other foot.” If a Christian works with
a Satanist, that Christian worker also has the right to prevent the
Satanist from talking to him. This precaution does not mean, however,
that every time someone who has asked you not to talk about religion
walks into the room, your conversation with others must stop. But you
should be sure not to direct the religious conversation to the employee
who has objected. Religious conversations at work should take place
privately and voluntarily. In fact, it may be wise to take a
conversation elsewhere when a person who has objected comes on the
scene, since this type of person would be most likely to press the
issue and attempt to create problems for the Christian employee.
RELIGIOUS
DISCUSSIONS WITH CUSTOMERS OR CLIENTS
Although there
is nothing to prevent Christians from discussing their faith with
co-workers during free time on the job, any employer, whether public or
private, is permitted to restrict employee conversations with clients,
patients, or customers about religion. On the other hand, a business
owner may also choose to permit such religious conversations with
clients, patients, or customers--and many do. The decision regarding
religious conversations with clients, patients, or customers rests with
the private employer and not the employee.
One California
employee called our office after he was terminated for engaging in a
religious conversation with a client. The employee had inquired about a
mutual acquaintance who happened to be a pastor. The client then shared
that this pastor was encouraging her and her children to attend church
and that she was excited to have her children learning about the Bible.
Another employee reported this completely voluntary conversation to a
supervisor and the Christian employee was terminated. Attorneys for CLA
believe this termination was unlawful, both because the Christian
employee had never been instructed not to discuss religion and because
it was the client herself who brought the religious topic into the
conversation.
CHRISTIAN
EMPLOYERS AND SUPERVISORS
There is no
limitation at all on the right of a Christian employer to witness to
his customer base. In fact, many Christian employers regularly
incorporate witnessing into their business practices. For example,
Christian employers may place a gospel tract in outgoing mail, print
Bible verses on company invoices, purchase orders or other commercial
documents, and answer the phone with Christian greetings, either on a
regular basis or on special religious holidays such as Christmas.
Despite the
right Christian employers have to share their faith with their
customers, federal and state laws control the rights of Christian
business owners with respect to their employees. It is not unusual for
employers to call the Christian Law Association about their own rights
in the workplace. Many Christian employers express a desire to witness
to the spiritual needs of their employees, and, at the same time, they
want to comply with employment laws relating to religious activity in
order to avoid being sued.
It is
important for Christian employers and supervisors to become familiar
with their own obligations under Title VII law. Familiarity with this
law will free an employer to continue an active witness to employees
and prevent him from being immobilized by fear of lawsuits from
employees. The same rules apply to both employers and supervisors.
While Title
VII law only applies to private businesses with fifteen or more
employees and to government employers, employers with fewer than
fifteen employees may also be subject to state requirements that make
it unlawful to discriminate against employees on the basis of religion.
Religious organizations, such as churches and ministries, are generally
exempt from all Title VII religious requirements.
Under Title
VII, business owners or supervisors are permitted to communicate their
religious beliefs through their company policies and practices provided
that (1) they do not give prospective employees or current workers the
perception that employment or advancement in the company requires an
employee to adopt the religious beliefs of the employees; (2) they do
accommodate employee objections, and (3) they do not require employees
to participate in religious worship experiences.
In short, an
employer or supervisor is free to witness to employees so long as he is
careful to accommodate those employees who indicate an objection to any
of the company’s religious practices, and so long as employees are
clearly informed that their religious beliefs or non-beliefs play no
role in decisions regarding hiring, termination, promotion or in the
terms, conditions, or privileges or employment.
A supervisor
from California who was terminated for witnessing to a volunteer
contacted our office. The conversation had occurred after hours at work
and the volunteer and his supervisor had been friends and co-workers at
another company in the past. When the supervisor’s application for
continuing employment was later denied because he lacked
qualifications, he believed the real reason for the denial was the
religious discussion with the volunteer. The supervisor’s conversation
had been legally appropriate, however, because the timing and tone of
the discussion did not indicate that volunteer’s belief or non-belief
affected his employment.
CONCLUSION
As the above
examples show, there is growing hostility in modern America to
religious speech in the workplace. However, despite some employers’
desire to create a “religion free workplace,” Christians continue to
have the right, subject to the limitations discussed above, to witness
in the workplace. If you are an employee facing difficulties for
sharing your faith in the workplace, please contact our ministry.
Attorneys for CLA will be happy to provide you with information
regarding your rights and assist you if you are disciplined or
terminated for sharing your faith in the workplace.
http://www.christianlaw.org/
What to look for in
a Trainer
I. Character and the type of leader they are.
A. Are their values the ones
that you want in your
organization?
Who trains your employees should be one of the most serious decisions
you make. Their leadership is important to what the total
“product” is. Are they proactive? Are they customer
oriented? Are they good listeners? The “product” of
training is usually thought to be the outcomes, the skills and
capacity, of
the learners. As consultants that is what we sell. But
those
outcomes are on a carrier. A radio signal is a carrier and a
message. The training message is on a carrier made up of the
trainer's values. We have heard the expression: “Who you
are speaks so loud that
I can’t hear what you are saying.”
What the trainer is, at their core level, will influence
what your employees are becoming. A trainer may use inductive
methods and listen more than talk but the carrier is
always
there
in every response. The trainer reproduces their skills and in
the process conveys some of their values. A trainer is always
a role model that in some way says, “Do this. It is the
right/best
way.” The very choice of material involves values. Even
when subject matter experts are teaching precision skills, their
character “carriers” the skill.
B. Professionalism
When you interview a trainer, be attentive in how they handle their
business. Are they the type of professional that you want your
employees to be? Are they proactive? Do they listen?
Do they follow up?
C. Humility
Humility is needed as well as group skills (which I’ll talk
about in another article). A trainer has to have their self
worth firm and not placed in what others think of them. As a
trainer I like the accolades that come with the job. But they
have to be earned. When I start off a session there is always
someone that will check out what kind of stuff I’m made of.
Humility
and going with the person for a time shows respect and that I’m a
learner
too. They have got to know that I care more about them than the
subject or myself. Even if you are the expert, you should learn
from everyone you work with and should thank them for that gift.
When interviewing, ask about a time a time they had a participant
challenge them. Probe around on this and find out as much as you
can. Can they handle disagreement in the class and people that
don’t want to be there? Can they draw them in without reacting to
their negativity?
D. Maturity
I was in a Diversity training course when it became obvious
that the instructor had experiences that they had not dealt with in
a mature way. They had not understood the character issues of
forgiveness and self acceptance. Their self worth was still
tied up in someone else’s opinion. They could do little to bind
the wounds of others. My thoughts were – “physician heal
thyself.”
There is a place for illustrations and personal stories but we as a
group were not being sought for help or understanding; we were being
dumped on. I have a heart of compassion but this was an abuse of
power.
I’d don’t know how you would be able to spot this in the
interview process but when talking about course materials and they
present their outline, do they seem to have an agenda that is different
than the outcomes you desire?
E. Passionate
A good presentation usually has the excitement that comes from the
passion of the speaker. They care and want you to care as
well. We have all met people who lacked “presentation” skills and
even knowledge; but they, from their core of being, overwhelmed us with
the desire to learn what they were passionate about. What they
were passionate about became our values. We learned beyond what
their
skills and knowledge were capable of giving us. We can learn from
dispassionate trainers but it seems so much easier to get it from the
passionate
facilitator. There is a fine line from a passionate person to a
zealot.
Zealots have lost the ability to hear and learn. It is a matter
of
balance.
II. An Understanding of Adult Learners
Training begins with an understanding of adult learners.
Adults are not children. That’s simple enough. But what
does
that mean? It means that they have a wealth of learning and
experience. They have wounds, hurts, biases and egos that help or
hinder them from hearing the message. They need to be treated
with respect and a trainer in many subtle ways asks for the right
engage them.
A. Permission Training
The trainer has to get (earn) permission to train adults. An
adult can block out a trainer whose arrogance and lack of respect
shows. I have coined the term “permission training” from the
concept of “permission selling” on the Internet. A process when
people opt in to ezines and newsletters that includes
advertising. One of the strongest
ways of permission training is taking the time to get to know the
learners
before jumping in with an agenda. What do they know about the
subject? What are their concerns? Opened ended questions
lead to understanding how to target needs. Adult learning always
begins with the learner.
B. Diagnose before
prescribe
There are many adults that are threatened by a class environment.
They didn’t do well in school. They can’t read well. They
have difficulty articulating their feelings. For many there needs
to be a clear “yes, you need to go to the ‘doctor.’” The question
of “why do we need this” has to be clearly answered. There needs
to
be an agreement on what the issues are. Why is training
necessary? There is a great deal of care in how it is said
though. We can never come across as “You’re dumb, you messed up
and I’m the guy here to straighten YOU out.” A trainer often has
to help in overcoming fear of embarrassment and wrong perceptions about
the learner’s ability to learn. Adults who are open to new
learning do so primarily because they have seen a use for the knowledge
or skill.
C. Understand Cultural the
Setting
Adults are part of a cultural setting and need cultural support
systems. A trainer can have good content and good methods but
fail to understand the culture the adult learners are in. The
learners will agree that it was good training but be beat down by the
other processes that do not support the new behavior. All
effective training has to
take into consideration that dramatic behavioral change (which is what
training
is) needs a support system. Training should take in the scope of
what
will work to reinforce the new behavior and what will hinder. To
warn
learners and help them brainstorm solutions should be part of the
learning
process. A trainer with a good handle on Change Management and
System
Thinking is an added value.
D. Resources
For a host of excellent articles on adult learning go to
http://honolulu.hawaii.edu/
(Honolulu
Community College) then go to their search page and type in “Adult
Learners.” Ron and Susan Zemke’s article “30 Things we know for
sure about adult
learners” is particularly good.
http://www.hcc.hawaii.edu/intranet/committees/FacDevCom/guidebk/teachtip/adults-3.htm