Legal Question in Constitutional Law in Virginia

Religious expression in the workplace

The manager and owner of the franchise I work at recently stated that employees are not allowed to talk about politics, religion, or sex in the workplace. I am curious as to if it is legal for them to tell us not to talk about religion. The franchise was started by a Christian, and we play franchise accepted & promoted Christian music at this establishment. Doesn't the constitution protect my rights to talk about my faith in public places, such as at work?


Asked on 3/01/05, 10:32 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Religious expression in the workplace

The First Amendment - like most of the Constitution - doesn't really grant rights to people. Instead, it restricts the power of the government to do certain things. If you were a government employee and your supervisors allowed private conversations (there are probably some jobs where banning them would be justifiable) then they would have to allow you to discuss religion.

You say you work for a franchise and that the business promotes Christian music, so you evidently work for a private employer. Your premise that where you work is a "public place" is thus not correct. The Constitution's requirements generally don't apply to private entities, so your boss can forbid conversation about certain topics while at work if he wants.

There are some nuances to this rule which might crop up under slightly different facts but, based on the facts you have given, I don't see a constitutional problem.

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Answered on 3/01/05, 10:55 pm


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