Mixing Work and Religion

It's conventional wisdom that you don't talk about religion and politics at work. Yet, as some companies reevaluate HR policies to accommodate religious issues, others have shaped their entire mission around religion.

TURBOCAM in Barrington is among those companies where religion is far from taboo. The company, which manufactures turbomachinery for aerospace and industrial customers, proudly displays its mission on its Web site and in its lobby: Turbocam exists as a business for the purpose of honoring God, creating wealth for its employees and supporting Christian service to God and people.

Chairman and Founder Marian Noronha requires that every potential employee know the company's mission before joining TURBOCAM. I put out the mission and I explain the mission. This is who we are and where we're going. Do you want to come with us? he says, adding that he does not exclusively employ Christians. At TURBOCAM, informal prayer groups meet daily, and Noronha leads a prayer before the monthly company luncheon. (For more about TURBOCAM, see page 21.)

However, most NH companies tread lightly when it comes to religion to avoid offending employees and lawsuits. The first thing Claire Ebel did when she took over leadership of the NH Civil Liberties Union in 1982 was to change the NH ACLU's vacation policy to five named holidays and five floating holidays. Christmas is a floating holiday, giving those who don't celebrate it a chance to take a different day off.

Companies can face issues ranging from a person wanting an alternate work schedule due to religious reasons to an employee objecting to selling a product due to their religious convictions. We have so many more people that come from other countries, says Charla Stevens, an employment lawyer with McLane, Graf, Raulerson & Middleton, P.A. in Manchester. Before, the biggest diversity was someone who is Jewish. It's a pretty hot issue these days.
Stevens says employers have leeway for setting guidelines concerning religion and free speech. She now sees blanket statements in employee handbooks against any employee postings on company bulletin boards and prohibiting religious solicitations of fellow colleagues.

But that doesn't mean accommodations aren't required. Attorney Jim Reidy of Sheehan, Phinney Bass + Green P.A. in Manchester says it comes down to whether a religious belief is sincere, whether an accommodation is reasonable and whether it puts an undue hardship on the employer.

For instance, he says, several federal cases in recent years addressed the issues of Muslim employees seeking breaks to pray. The courts, Reidy says, conducted a hardship analysis that included looking at whether the employers allowed smoking breaks, and how those breaks compared to time needed for prayer. If that time were comparable, it would be a reasonable accommodation to allow breaks for prayer. On the flip side, an employee hired as a weekend manager who says he or she can't work one weekend day for religious reasons might pose an undue hardship to his or her employer.
There are also requests made on religious grounds that are denied based on a private business owner's preference, Reidy says. An employee requesting to hold a prayer meeting at work could be denied without legal repercussions.

[Employees] will say you accommodate smoking cessation and Weight Watchers meetings.' The answer is yeah, we're a private workplace and we can choose what we will or won't do,' Reidy says.

During FY 2007, there were 318 employment charges filed with the NH Human Rights Commission. Of that, only four were based on religion. Executive Director Joni N. Esperian says she does not know whether there are cases people don't bring forward. For the most part, it appears that when an accommodation is requested, employers in New Hampshire are doing it, she says.

Timberland in Stratham is among those making accommodations. In addition to paid holidays, including Christmas, employees also receive three flex days and eight lifestyle days. And if an employee needed space to pray? If you needed one, we'd probably find one for you. It's just that kind of place, says Robin Champa, company spokeswoman. Timberland's CEO, Jeffrey B. Swartz is an orthodox Jew, but, Champa says, Mr. Swartz keeps religion separate from work.

These days, the state and many employers often deal with simple issues of religious diversity without being asked. For instance, a company may put out a Menorah along with a Christmas tree. Stevens says in many ways it comes down to what is reasonable.