Know Your Rights: Christmas in the Workplace

The American Center for Law and Justice (ACLJ) is aware that celebrations of Christmas and other holidays by businesses may be hindered by questions of what is permitted or prohibited. This post summarizes the accompanying White Paper, which discusses in general fashion holiday activities in the workplace.

Overview of Applicable Law

The law governing private businesses as it concerns religious expression is different in key respects from the law applicable to government entities, giving private businesses more leeway to emphasize the religious aspects of the Christmas season.

Although the First Amendment to the United States Constitution limits the government’s ability to promote a sectarian religious viewpoint, the First Amendment is not applicable to private businesses. As such, private businesses have a much freer hand to include religious-themed components of the Christmas season in displays, advertisements, etc., without having to be concerned about needing to off-set them with more secular aspects as would the government.

Common Questions

There are some common questions that arise during the Christmas season, as discussed in greater detail in the accompanying White Paper. For example, references to Christmas or other holidays by name in the business context is generally permissible. The use of the word “Christmas” does not indicate an illegal discriminatory preference for only Christian customers or employees. If there are employees, however, who have a religious objection to saying “Merry Christmas” or another greeting with religious content, or to participating in putting up Christmas or other religious-themed decorations, the employer generally should reasonably accommodate the employees’ religious beliefs unless doing so would impose an undue hardship on the business.

Moreover, employees may usually invite other employees to religious holiday events, display religious-themed holiday items in their personal workspace, or otherwise share their faith with other employees. “An employee’s reasonable request to display religious items in his or her personal work area should be accommodated, unless the items plainly violate the company’s anti-harassment policy or otherwise cause disruption in the workplace.” This reasonable accommodation should also extend to an employee’s request for time off to attend Christmas Mass or other religious observance.

Similarly, employees should generally be permitted to hand out invitations to religious-themed holiday events to co-workers, or post them on a common bulletin board, to the same extent that employees are permitted to invite co-workers to non-religious holiday events. The employer retains the authority to prevent an employee from aggressively or consistently sharing his or her religious beliefs with another employee to the point that it becomes harassment or creates a hostile work environment.

Conclusion

It is our hope that the accompanying White Paper will help clarify the ability of businesses to recognize the religious aspects of the holiday season. The ACLJ is dedicated to defending your constitutional rights. We have been providing assistance and legal representation, at no cost or charge, to people just like you for decades. If your rights are being violated in this area, please contact us at ACLJ.org/HELP.

Learn more about your constitutional rights at ACLJ.org/Know-Your-Rights.