Friday, April 08, 2011

Wal-Mart Need Not Accommodate Religious Belief In Admonishing Gay Fellow-Employees

In Matthews v. Wal-Mart Stores, Inc., (7th Cir., March 31, 2011), the U.S. 7th Circuit Court of Appeals upheld Wal-Mart's firing of an employee for violating the company's anti-harassment policy.  Stock clerk Tanisha Matthews was fired after she screamed at a gay employee that God does not accept gays and they will go to hell. Matthews sued Wal-Mart for religious discrimination under Title VII of the 1964 Civil Rights Act, claiming that the belief that gays will go to hell is part of her Apostolic Christian faith. The court said:
[I]f Matthews is arguing that Wal-Mart must permit her to admonish gays at work to accommodate her religion, the claim fails....  In this case, such an accommodation could place Wal-Mart on the "razor’s edge" of liability by exposing it to claims of permitting workplace harassment.
Chicago's Edge on Tuesday reported on the decision.