Legal Question in Employment Law in Georgia

religous discrimination

I was hired by a mid-sized private company as a project manager. The company's owners and high level management are very religous and conduct religous meetings (bible study) during work hours. These meetings are open to all employees and attended by most. I have not felt comfortable discussing religion at work and have not attended any meetings, however I am exposed to prayers at each company meeting held monthly. After avoiding the bible study meetings for several months I was confronted by my supervisor and asked if there was something wrong and wondered why I did not attend any meetings. I told him that I was not comfortable discussing my religous beliefs at the work place and did not want to attend any of these functions in the future. My employer has not approached me since to discuss my lack of attendance at these meetings however the invitations are still forwarded to me by e-mail. I have found out that my employment is going to be terminated at the end of week and I would like to know if my termination is grounds for a religous discrimination suit? And what actions, if any, should I take?


Asked on 12/01/03, 8:18 pm

2 Answers from Attorneys

Jeff Kent Kent & Merritt, P.A.

Re: religous discrimination

The key question for you to ask yourself and to prove at trial is whether or not your failure to attend these religious meetings was the true reason for your termination. If you believe this to be the case, you will need direct or circumstantial evidence to support your claim. Direct evidence is that which tells a jury the motivation of the employer without having to infer anything. For example, a statement by the decisionmaker such as, "Fire John Doe because he does not attend the religious meetings" would be direct evidence of discrimination. As you can imagine, direct evidence cases are pretty rare, because most people are not so blatant as to state out loud such discriminatory animus. For that reason, courts have created a way to prove a case by circumstantial evidence. One of the best ways to do this is to use comparators. Comparators are similarly situated employees who were not terminated and who attended the religious ceremonies. For example, if you had excellent performance evaluations, no reprimands in your file, had some seniority, etc. while another employee who attended these religious meetings had worse evaluations, reprimands, less seniority, etc. than you, you could make a circumstantial case for religious discrimination. As you can see, these cases are very fact-specific, so you will probably want to discuss your situation with an experienced employment law attorney.

Feel free to contact me directly if you have further questions.

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Answered on 12/02/03, 8:56 am
Wayne Wisong Wayne Wisong, Attorney at Law

Re: religous discrimination

If this company has more than 15 employees, it is subject to the Civil Rights Act of 1964, which prohibits discrimination in employment due to religion. On the face of it, the facts of your expected termination and it's timing sounds suspicious. Feel free to contact me to discuss representation if you are terminated or other adverse actions are taken against you. I will evaluate it for you. I am an employment lawyer and regularly take employment discrimination cases of different kinds. You can contact me at [email protected], or call at (770) 534-1057.

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Answered on 12/02/03, 3:37 pm


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