Should employees be fired for wearing patriotic buttons?
http://www.msnbc.msn.com/id/33505354/ns/business-local_business/
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M$6 Answers
Sometimes managers take a "short-cut" by finding a policy pretext for dismissal instead of thoroughly documenting poor performance or customer complaints. When this happens, it usually makes for a messy dismissal and seems arbitrary to on-lookers.
Some places have a strict policy against wearing any sort of political articles (or even against having political bumper stickers on your vehicle if you park on site). Notably, the US Government forbids its employees from wearing political articles or from keeping desk items which might be construed as political in nature. Employees at Johnson Space Center are asked not to have political bumper stickers on their cars. The policy is very well documented, publicized, and enforced (at least at the Space Center - I can't speak for other facilities).
The point of the policy is to keep from alienating anyone. I suspect that was the point of the policy at Home Depot, as well. Alienating your client base (or constituency) is generally bad policy, financially speaking. However, if the employee was allowed to wear the button in question for over a year without anything being said, then there might have been a new manager who was more strict about policy or the policy may have been used as a convenient route to dismiss him rather than go through a longer process of documenting issues which might have been more prevalent.
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M$You can leave an optional "tip" with Mahalo's virtual currency, Mahalo Dollars. If you are asking a difficult question that might require some research, or if you'd like a wide variety of feedback, a higher tip often leads to more answers to your question.
M$@pjmom23: I think you should do some reading on the men who signed The Constitution. The two greatest mind who were there, Thomas Jefferson and Ben Franklin were big proponents of the separation of church and state. They both went to church regularly, but believed, IMO rightly, that it has no place in government.
I think you should also read this http://en.wikipedia.org/wiki/Pledge_of_Allegiance. The Pledge of Allegiance wasn't written till 1892 and as @redgold has said the phrase "under God" wasn't added till the 1950's.
I also think, based on the wording of the original question as well as your responses to some of the other answers, that you are seeing causality where there is really only correlation. While the button may have come to management's attention at around the same time Mr. Keezer started bringing his bible, that does NOT mean his bringing the Bible caused management to say something about the pin. They could have noticed it months before and were trying to determine the best course of action to request removal without offending Keezer, or causing legal issues for Home Depot. Or a complaint from a fellow employee or even a Home Depot customer could have been made around the same time as the lunchtime Bible reading began, and that complaint was what caused them to speak to him about the button. The Bible was simply something that occurred at about the same time. Making the assumption that the Bible reading was the cause of anything is taking a leap that is unsubstantiated from the article you provided.
Also, you mention in a couple of places that the folks (by which I think you mean our Founding Fathers) put the words "under God" into the Pledge of Allegiance. This is not the case. That phrase was not added until 1954, much to the dismay of the Pledge's original author Francis Bellamy. (http://oldtimeislands.org/pledge/pledge.htm) And taking the ideals of our Founding Fathers too literally is a slippery slope in itself - remember, these great men counted slaves as only 3/5 of a person and denied anyone other than white men the right to vote. They had wonderful ideals, but those ideals have to be adapted to a changing world. Freedom of religion means we have to respect all religions, and sometimes the only way to do this is to not allow any religion into the workplace for fear of being accused of preferential treatment towards one faith over another - which is exactly what Home Depot was trying to prevent.
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M$Your assumptions are stunning. Thanks for adding them.
I sense a hint of sarcasm in your comment. @keepontryin: I'd like to hear an actual rebuttal to @redgold's answer.
Mshubin2: No sarcasm, I'm truly stunned by the assumptions in redgold's remarks, and I'm glad she added them.
I believe your point would be well taken about the option if they had not let it go on for so long, and in that time, given him such favorable reviews.
Religious Discrimination
Title VII of the Civil Rights Act of l964 prohibits employers from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment. Title VII covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.
Under Title VII:
* Employers may not treat employees or applicants more or less favorably because of their religious beliefs or practices - except to the extent a religious accommodation is warranted. For example, an employer may not refuse to hire individuals of a certain religion, may not impose stricter promotion requirements for persons of a certain religion, and may not impose more or different work requirements on an employee because of that employee's religious beliefs or practices.
* Employees cannot be forced to participate -- or not participate -- in a religious activity as a condition of employment.
* Employers must reasonably accommodate employees' sincerely held religious practices unless doing so would impose an undue hardship on the employer. A reasonable religious accommodation is any adjustment to the work environment that will allow the employee to practice his religion. An employer might accommodate an employee's religious beliefs or practices by allowing: flexible scheduling, voluntary substitutions or swaps, job reassignments and lateral transfers, modification of grooming requirements and other workplace practices, policies and/or procedures.
* An employer is not required to accommodate an employee's religious beliefs and practices if doing so would impose an undue hardship on the employers' legitimate business interests. An employer can show undue hardship if accommodating an employee's religious practices requires more than ordinary administrative costs, diminishes efficiency in other jobs, infringes on other employees' job rights or benefits, impairs workplace safety, causes co-workers to carry the accommodated employee's share of potentially hazardous or burdensome work, or if the proposed accommodation conflicts with another law or regulation.
* Employers must permit employees to engage in religious expression, unless the religious expression would impose an undue hardship on the employer. Generally, an employer may not place more restrictions on religious expression than on other forms of expression that have a comparable effect on workplace efficiency.
* Employers must take steps to prevent religious harassment of their employees. An employer can reduce the chance that employees will engage unlawful religious harassment by implementing an anti-harassment policy and having an effective procedure for reporting, investigating and correcting harassing conduct.
It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on religion or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII.
http://www.eeoc.gov/types/religion.html
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M$Buttons that reference religion? Yes.
The phrasing of your question is a little misleading because Home Depot DID offer him a replacement pin that was patriotic, encouraging him to support his company. The issue was with the mention of "One Nation Under God", which, taken by itself, has a very strong religious undertone.
It's also misleading because he wasn't fired for wearing the pin. Technically he was fired for not removing the pin when he was told to (there's a difference). In other words, he wasn't just fired on the spot. He was given a warning, and directly defied his superiors. You just can't do that.
The problem this guy has is that:
#1 - According to Home Depot they have a standing policy against religious icons/symbols/words/etc. in the workplace (and I'm betting that it says so in his employee handbook).
#2 - They probably only had a problem when they did because a coworker filed a complaint, otherwise corporate never would've noticed
It's a pretty picky thing to get in a snit about with an employee, and it's a shame that it came to a firing. It would've been nice for him to just accept the alternate patriotic pin and acquiesce. After all, if he was really worried about patriotism, does it matter what kind of patriotic pin you're wearing? Or was it really a religious statement?
In which case, Home Depot was right on the nose in laying down the law. ;)
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M$Some people, like the folks who put "under god" into the pledge of allegiance and "in God we trust" on our coins and paper money, and the 10 commandments in the Supreme Court building (and Bible verses all over Washington DC), have a harder time separating religion and patriotism than others. I think this guy was one who does not separate religion from patriotism, after all, he didn't ADD "under god" to the pledge. He had been wearing the pin for 19 months to honor his brother who is serving in Iraq, and he didn't want to replace it with just any old patriotic pin that didn't mention god. They didn't have a problem with it for 19 months, until he brought a Bible. I'm not sure he was right in not taking it off, but I know they weren't right to let him wear it for 19 months and then get in a snit when he carried a bible. It DOES seem a shame to lose a good employee over a patriotic pin. I'm glad you commented, as I like to hear from both sides. I think both sides were a bit off on this one. Too bad they couldn't reach a compromise.
Now you're ASSUMING that the Bible was what caused them to start getting on his case about the pin. But we don't know. Again, I suspect that a coworker complained (once the Bible started coming out), and that once a complaint was filed they had to act.
And I'll just say again that if he really, REALLY wanted a patriotic pin, for the sake of his job, he should've taken the replacement patriotic pin they offered. I can understand if he's irked, but he shouldn't have let it escalate. I wonder if he wasn't spoiling for a fight over this. Basically, once managers try to enforce an employee policy, their hands are tied! They can't back down and make an exception for him.
But anyway, I do see your point. And thanks for the interesting debate! :)
I understand that the Bible thing is an assumption, and I may be wrong about it. I would have taken the button off. I guess it was just one of those things he felt real strong about. Too bad it had to come to that. I've had management squish me like a bug when they decided to do so, so perhaps I'm less than impartial!
I personally see nothing wrong with the pin he was wearing. If in fact they simply used that as an excuse to fire him for reading the Bible on his breaks,then perhaps we should be talking about a lawsuit for abridging his freedom of religion.
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M$Funny you should mention that. they DO have a policy like that, they had just been ignoring it for 19 months, until he began to read a Bible. Still, we don't know all of the circumstances.
I agree. I worked for Home Depot, and they will find any reason to fire anyone if they want them gone. This is grounds for a discrimination suit, and I hope he pursues it.

I did a little more research. Turns out he had worked for home Depot for 19 months and had worn the button the whole time in honor of his brother who is a soldier in IRAQ. He won awards for been a good employee. As soon as he started bringing a Bible to read on his break, a managr told him he couldn't wear the pin. There is nothing political about the pin. It has a flag and the words "One Nation under God indivisible", a quote from the Pledge of Allegiance. They wanted him to wear a pin that didn't mention God. Strange.
Thanks for your answer. I like it.