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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:

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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.
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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.”
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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:

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Is sharing your faith ever harassment?
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Are there greater restrictions on religious expression for supervisors?
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Does it matter if you are witnessing to your company’s customers or your co-workers?
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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



You may also be interested in our " Coming to Terms with Terms " page.


Who's in Charge?

Syndicated columnist Sydney Harris used to tell the story of his friend stopping at the local newsstand. The friend greeted the newsman with courtesy but in return received gruff and discourteous service.  The fellow shoved the newspaper at his friend with a snarl.  Even so, Harris's friend smiled and wished the newsman a nice day. As Harris and his friend walked away, Harris asked,
"Does he always treat you so rudely?"
"Yes, I am afraid that he does."
"And are you always so polite and friendly to him?"
"Yes, I am."
 Harris was amazed.
"Why are you so nice to him when he is so unfriendly to you?"
"Because I don't want him to decide how I'm going to act."

Adapted from "Have a Good Day" January 2001. Used by permission.
© 2001 HAVE A GOOD DAY,  Have a Good Day is a registered  trademark of Tyndale House Publishers, Inc.


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