Legal Question in Business Law in California

Illegal for company president to pass out religious literature?

The president of my fiance's company is

passing out Christian literature and asking

for donations in the workplace. Is this

legal?


Asked on 11/20/06, 1:23 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Illegal for company president to pass out religious literature?

Yes, unless people who respond unfavorably are treated worse as a result. The president's actions would also be improper if the company has expressly or impliedly contracted with its employees not to allow such activities in the workplace, but such contracts are quite rare.

The conduct you describe is likely to make employees uneasy, and I think the president's decision to do these things was unwise. But the law does not require us to behave wisely, and there is nothing inherently illegal about these actions.

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Answered on 11/20/06, 4:33 pm
Terry A. Nelson Nelson & Lawless

Re: Illegal for company president to pass out religious literature?

Expression of someone's religion is NOT illegal, despite the nonsense and propaganda you have heard from most of the media. The constitution guarantees us freedom 'of' religion, not freedom 'from' religion, in the workplace, business and government. As an adult, you are presumed to be competent enough to hear such message without your brain melting. You also are not guaranteed the right to be free from other people having and expressing their opinions, or from your delicate sensibilities being offended by them. Christians, Jews, Buddists, Hindus, etc have the 'right' to their faith, and to express it - that is what the First Amendment is all about.

However, if the company actually pressures and intimidates people for or against religion, discriminates for or against a religion, or retaliates against someone objecting or declining, that would open the way for a claim of improper behavior ["discrimination"]. If the company's conduct rises to the extent of such 'pressue', such as to donate money and implying that there are perks if you do, that's wrong. If so, feel free to contact me to discuss the rights, protections and remedies available under the law.

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Answered on 11/20/06, 8:00 pm


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