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What are my legal rights?

What are my legal rights as an atheist in the workplace?

  • Today is ask an atheist day, so I had a sticker on my shirt saying as much with an arrow pointing up that says "Atheist, ask away". The second my boss saw it he became disgusted, told me to remove it or go home. I asked him if I would be allowed to wear a christian T-shirt or wear a cross necklace to which he replied "That's different dude, atheist are like devil worshipers". I told him no we arn't, we are good people with morals who want to be a positive influence on the community. I said that is the whole point of today to allow people the opportunity to ask questions and change that perception. I told him that it was discrimination and possibly illegal to allow a believer that right and deny me the same liberty. He just said "Take it off, or there's the door". What are my rights here? But more importantly in general, as they may apply to a brought scoap of situations I'm not looking to file a lawsuit, or actually take legal action in anyway, I just want to know my rights. There are different types atheists, some are quick to defend themselves and just into the offensive "your wrong I'm right blah blah blah", I grew up in church and that is part of the reason I left, to me its the same thing and I am not a hypocrite. I am what is referred to as an accommodating atheist. I don't care what anyone believes, I just want the liberty to believe what I want with being persecuted (..dont like that word, sounds dramatic, but all I could come up with) or looked upon differently than everyone else. If I am asked I will share my line of thinking, but I won't push others to join me or tell them that they are wrong.

  • Answer:

    It would be illegal for your boss to fire you, and had you recorded that earlier conversation you would have a slam-dunk case. But you don't want to sue and I presume you don't want to get fired, so you best leave your atheism at home. In case it hasn't occurred to you, it has already cost you greatly reduced chances of ever being promoted. But if you must, you better carry a digital recorder and get a conversation with your boss like that earlier one on the record before you get fired. Then go home and save that recording to a CD and put in in a very safe place, because you're going to need it when you get fired. Keep the recorder with you and play the recording for HR after your boss fires you and watch their chins drop. Lawyers will line up to take such a case on contingency because it's a slam dunk.

Joseph B at Yahoo! Answers Visit the source

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I doubt that this actually happened, however, you have the same right as any other employee. If there is a dress code you must follow it. If not you have the right to express yourself as you wish. Having said that, expression and free speech are a double edge sword. You can't expect that everyone will believe (or disbelieve) as you do and there will be reactions to what you say and how you express yourself.

Pat

Workplace rights are covered at the state level. I have read that the Supreme Court has ruled that free Speech does not extend to the workplace. If you think about it, this is reasonable. Employees practicing free Speech at work could really distract from work. It is also legal for an normally employer to prohibit proselytizing for the same reason, though as I said, it varies by state.

Kenner

Legal right? Its constitutional to have freedom to religon an freedom of speech he cant do anything about it if you get fired or something like that you can sue him or the company and you will win no matter what. The supreme court protects our rights.

Shane

ha if a god freak hires you never let him know you're not a jesus-person cause they're crazy and think if you aren't jesus-cult then you're freaking immoral or some crap. You god-people are full of crazy thoughts but the worst one is that all other people are bad.

Basically the general rule at work is not to offend anyone, and since people who believe in god so much, also believe atheists are Satan worshipers, they would be offended then the boss has to deal with the BS, whether he agrees with you or not, he probably just doesn't want to deal with it. As far as rights there really is not any established for atheists as there are no set rules to live by. the only thing i can think of would be if you refused to participate in something of religious nature, and you were told you had to or you would lose your job. This usually doesn't happen anyway because most workplaces are diverse. And only the government can violate your constitutional rights, and you can only sue the government for violating them. Your employer may violate a law that was create to protect your rights. But you can not sue a business for violating our rights, the law would be equal employee opportunity act suit, not a constitutional rights suit.

MrsBossLady

I assume you are in the United States. With that assumption the main question is whether you work for a private company or public company (government). If you work for a private company then they have every right to "force" you to remove the sticker. In the public sector they cannot, as the government hands are tied from abridging your freedom of expression and religion. Of course they may regulate how you express yourself, but I would seek an attorney to see if the employer overstepped their authority. Call Heiting & Irwin at (951) 682-6400 or visit the website heitingandirwin.com and send them an e-mail. If they cannot help you they have plenty of referrals to get you the help you need.

Robert

I don't think he was discriminating your beliefs, I think the problem was "The sticker" on your shirt.Was he even aware WHY you were wearing the sticker? Now, was it ask an "Atheist" at WORK day? If not, then you have to wear the sticker, and answer questions on your own time!! You may NOT have been complying with the dress code. As far as him calling you a "Devil Worshiper" well that is ridiculous on his part, BUT he is entitled to what he believes. This is why it is best to leave religious discussions OUT OF the work place...Just be grateful you have a job, and go on believe what ever you want!!!

Tyco

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