For example, a Christian employee working the night shift may ask for the evening off to attend Christmas Eve mass, a Jewish employee may request time off to observe Hanukah, or a Muslim employee may ask to have a break scheduled after sunset when fasting ends during Ramadan. Department of Social Services.)įinally, mistletoe should never be allowed in any area of the workplace including individual workspaces because it could lead to sexual harassment or hostile work environment claims.įor many, the holidays are a time for religious observance. Also, because the law requires employers to accommodate religious beliefs, employers should not try to suppress religious expression in an employee’s personal workspace unless it creates an undue hardship on business operations, or if it is visible to the public in a way that implies the agency’s endorsement of religion. Prohibiting employees from displaying religious holiday themed decorations in their own workspaces may give rise to claims of violation of free speech and religious expression. Schundler)Įmployees who wish to decorate their own personal workspaces with Christmas, Kwanzaa or Hanukah themed decorations present a more difficult question. (See American Civil Liberties Union of New Jersey ex rel. In determining whether a public entity’s holiday and seasonal display that attempts to include all types of religions and beliefs conforms with the Establishment Clause, federal courts consider three factors: (1) whether the display is noncoercive (2) whether the display does not give a direct benefit to religion in such degree to establish or tend to establish religion and (3) whether the display conveys a message to the reasonable observer that the combined display was an effort to acknowledge cultural diversity. Thus, even if you have a tree, ornaments with religious connotations, such as crosses, angels, or nativity references should not be allowed.Īnother, albeit much more risky, approach to holiday decorations is to include religious and nonreligious decorations representing a diverse set of cultural beliefs. Nevertheless, for purposes of promoting positive employee relations, employers should be sensitive to the diversity of their workplace. Thus, employers may include Christmas trees among their decorations even if an employee objects. Supreme Court has determined that a Christmas tree is generally a secular nonreligious symbol. While a decorated tree may have religious connotations for some people, the U.S. Since non-religious decorations are permissible, there is always debate over whether a Christmas tree is a religious symbol. Therefore, employers who wish to decorate the workplace should use non-religious, winter themed decorations such as snowflakes, snowmen, candy canes, holly, and gingerbread houses. For example, if a nativity scene is displayed in the reception area or lunch room, the employer may be perceived as favoring the Christian religion. Employers who plan to decorate common work areas should strive to avoid the appearance of endorsing one religion over another. City of New York) Before decking the halls, employers should consider the location of holiday decorations. We present here a few tips and reminders that can help employers avoid liability without spoiling their employees’ holiday fun.Īs the Second Circuit Court of Appeals has aptly stated, “No holiday season is complete, at least for the courts, without one or more First Amendment challenges to public holiday displays.” ( Skoros v. Sometimes, however, these activities can create legal liability for employers, particularly public entities. Employers also like to host holiday parties filled with food, music, and alcohol. Many employers also join in the celebrations by allowing employees to put up decorations and exchange gifts. The holiday season is a festive time to be shared with family, friends and even co-workers. The article was reviewed January 2021 and the information is up-to-date.
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