The incidence of claims of religious harassment or discrimination seems to be increasing.  Under both federal and state law, an employer must accommodate the religious needs of its employees—unless the accommodation would cause undue hardship.   Religious discrimination cases frequently allege that an employer failed to accommodate an employee's need to "spread the word."  But proselytizing which creates a hostile environment for other employees may create an undue hardship for an employer. 

The Seventh Circuit Court of Appeals recently held that a supervisor's proselytizing created a hostile work environment. In Venters v. City of Delphi, 123 F.3d 956 (7th Cir. 1997), Ives, a born-again Christian, believed that his decisions as police chief should be guided by his faith.  He made religious comments during work, routinely asked Venters, a dispatcher, if she had gone to church, and spoke about her salvation. Ives told Venters that "she had a choice to follow God's way or Satan's way, and that she would not continue working for him if she chose the latter."   Ives also gave Venters religious materials while referring to her as an at-will employee.  These comments were unwelcome by Venters, but she was afraid to ask Ives to stop.  When she did ask him, she was fired. The court held that Venters had a right to work without Ives' scrutiny. Further, the Court held that Venters could request an accommodation (i.e., that Ives stop his work-time proselytizing).

In another case, employee Wilson, a Roman Catholic, wore an anti-abortion button to work. The button bore a photograph of a fetus.  Many employees reacted strongly.  It disrupted work—employees gathered to talk about the button; and some even threatened to walk off their jobs.  The employer tried to accommodate Wilson, offering her three option. She could (1) only wear the button in her cubicle; 92) cover the button while at work; or (3) wear a button without a photograph.  Wilson claimed that she could not cover or remove the button because she had promised to be a "living witness."  She was fired  when she continued to wear the button.  Finding that the accommodation offered complied with her religious vow and reduced office turmoil, the Court held that even if Wilson's vow required her to be a "living witness," the employer could not reasonably accommodate that request. Wilson v U.S. West Communications, 58 F.3d 1337 (8th Cir. 1995).

Last fall, President Clinton issued guidelines to clarify federal workers' rights to express their religious views at work. An employee "may keep a Bible or Koran on his or her private desk and read it during breaks."  And employees may "gather on their own time for prayer and Bible study in an empty conference room." They may also proselytize, but must refrain when a co-employee asks that they stop or indicated that it is unwelcome.  The guidelines are applicable only to the federal government, but may also assist private sector employees dealing with religious expression in the workplace.