Dear Bureau Pat:

I work in a pretty conservative office and understand the dynamics of fitting in; however, my boss has taken his interest in staff to a new level...recently he has been asking our religious beliefs and encourages us to engage in religious conversations quite often. Is all this legal? It is getting very out of hand!

Dear Proselytized:

Before getting into the nitty-gritty of the law, let me just say that your supervisor should be encouraging people to use taxpayer money wisely and work instead of chatting about creation theory...unless of course you are all theoretical physicists. If so, head to Amsterdam, hit a "café," and embrace the discourse.

If religion does not fit into your office duties, the legality centers around encouraging government waste - a greater offense than inciting holy rollers to come forward in the office.

While the situation does not sound like a Sunday morning at Bob Jones University, the situation is more complex that you would expect due to that pesky First Amendment.

As a matter of law, agencies cannot legally restrict personal religious expression by employees in the federal workplace, except where the employee's right to free speech is outweighed by the government's interest in the efficient provision of public services (i.e. the job comes first), or where the expression intrudes upon the legitimate rights of other employees or creates the appearance, to a reasonable observer, of an official endorsement of religion.

In this provision, if your supervisor is exchanging work hours for Sunday school activities, that is inappropriate and illegal. But if you are all simply discussing religion over samosas and curry without fear of reprisal for not participating, it's as kosher as a Hebrew National hot dog.
 
While federal employees are not paid to engage in religious or ideological campaigns during work hours, they can talk about religion in a general way. They just may not discriminate against others on the basis of religion or religious beliefs.

What is clear in the law is that a supervisor may not, explicitly or implicitly, insist that the employee participate in religious activities as a condition of continued employment, promotion, salary increases, preferred job assignments, or any other incidents of employment. Nor may a supervisor insist that an employee refrain from participating in religious activities outside the workplace, except pursuant to otherwise legal, neutral restrictions that apply to employees' off-duty conduct and expression in general (e.g., restrictions on political activities prohibited by the Hatch Act).

Supervisors are free to engage in some kinds of speech about religion if it is understood as his or her personal view only. That expression is protected in the federal workplace in the same way and to the same extent as other free speech. However, as supervisors maintain the power to hire, fire, or promote, employees may reasonably perceive their supervisors' religious expression as coercive, even if it was not intended as such.

So if you feel talking religion is a necessity for promotion or retention, you should report your supervisor to the Equal Employment Office. But if you think he/she just likes that subject instead of say, NASCAR, then you might just invest in some earplugs.
 
Below are a few examples of what is and is not OK in the federal workplace.

OK: 
A supervisor invites coworkers to his son's confirmation in a church, her daughter's bat mitzvah in a synagogue, or to his wedding at a temple.

NOT OK:
A supervisor should not say to an employee: "I didn't see you in church this week. I expect to see you there this Sunday."

OK:
On a bulletin board on which personal notices unrelated to work regularly are permitted, a supervisor posts a flyer announcing an Easter musical service at her church, with a handwritten notice inviting co-workers to attend.

NOT OK:
The supervisor circulates a memo announcing that he will be leading a lunch-hour Talmud class that employees should attend in order to participate in a discussion of career advancement that will convene at the conclusion of the class.

OK:
During a wide-ranging discussion in the cafeteria about various non-work related matters, a supervisor states to an employee her belief that religion is important in one's life. Without more, this is not coercive, and the statement is protected in the federal workplace in the same way, and to the same extent, as other constitutionally valued speech.

NOT OK:
A supervisor who is an atheist has made it known that he thinks that anyone who attends church regularly should not be trusted with the public wheel. Over the years, the supervisor regularly awards merit increases to employees who do not attend church routinely, but not to employees of equal merit who do attend church.

OK:
At a lunch table discussion about abortion, during which a wide range of views are vigorously expressed, a supervisor shares with those he supervises his belief that God demands full respect for unborn life, and that he believes it is appropriate for all persons to pray for the unborn. Another supervisor expresses the view that abortion should be kept legal because God teaches that women must have control over their own bodies. Without more, neither of these comments coerces employees' religious conformity or conduct.

Religious expression is well established under the Free Speech Clause of the First Amendment. This right encompasses a right to speak about religious subjects. The Free Speech Clause also prohibits the government from singling out religious expression for disfavored treatment.

Your situation is very complex and only you can decide if you feel coerced. The easy solution is to simply tell your supervisor that you are uncomfortably being forced to talk about religion and ask him/her to cut the crap. If he/she continues and you believe it is a form of harassment, contact your local EEO office to help you navigate through this complex issue.

The Only,

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