Can You Be Fired for Expressing Your Religious Views in the United States?
October 13th, 2023
Freedom of speech and freedom of religion are two important aspects of the Bill of Rights in the United States. But do these freedoms mean that you can freely express your religious views at work without fear of being fired? The answer is somewhat complicated. One thing’s for sure: Many US workers have been fired for expressing their views, religious or not, and many of these workers have tried and failed to take legal action against their employers as a result.
60% of US Workers are Too Scared to Express Their Religious Views at Work
A recent Ipsos survey found that about 60% of all US workers are too afraid to speak about their religious views at work. These workers fear a range of repercussions for speaking out about their faith, including termination. These fears appear to be well-founded, as the survey also found that 25% of workers admit that they experienced these repercussions firsthand after expressing their religious views. In other words, many of these workers have learned that expressing their faith leads to negative consequences at work.
Greg Napear Fired for Religious Tweet
The truth is that people are terminated all the time in the United States for expressing their religious views. A recent example involves Greg Napear, a well-known radio talk show host in California. In 2020, Napear tweeted the message, “All lives matter.” As a result, he was subsequently fired by the radio station that employed him. The employer cited a paragraph from his employment contract that stated that he may be fired for “Any act of material dishonesty, misconduct, or other conduct that might discredit the goodwill, good name, or reputation of the Company.”
Napier later sued the company for wrongful termination, and initially, the court expressed doubts that this tweet could even be considered a form of religious expression. It was also determined that the employer did not know about Napear’s religious beliefs prior to the incident. Essentially, this meant that the termination was not based on religion, and the lawsuit was dismissed.
Do Employment Laws in the United States Protect Religious Expression?
If the aforementioned tweet had been more religious in nature, then Napier might have had a legitimate wrongful termination claim. For example, the tweet might have read: “According to my Christian beliefs, all lives matter.” The difference is subtle, but it’s important to understand. According to the Civil Rights Act, workplace discrimination is illegal across the nation. Among other things, an employer may face discrimination based on their religious views.
However, the worker must do more than express controversial opinions while being religious. The opinions or statements themselves must also be religious in nature to lead to a wrongful termination lawsuit. One must remember that almost all states follow a system of “at-will” employment. This means that, technically speaking, employers can fire their workers without even providing a reason. Napear’s case was slightly different because he had an employment contract in place that specified when he could be terminated.
What Should You Do if Your Right to Exercise Your Religious Free Speech Has Been Violated?
Fortunately, many organizations can help you if your right to exercise your religious free speech has been violated. While we cannot provide legal assistance for you, the Universal Life Church Case Law has been documenting the fight for First Amendment rights and religious freedoms for years. We focus on documenting the most noteworthy of these cases in an objective manner that can be easily understood by readers.