Trump OKs Religion In Federal Workplaces: What It Means For NJ Workers

Since taking office in January, President Donald Trump has repeatedly delivered for conservative Christians, who form an integral part of his Republican support.

Trump has given the thumbs-up to political endorsements from clergy members. He also announced a new White House faith office in April, according to The New York Times. A month later, he established the Religious Liberty Commission in the Department of Justice.

“We’re bringing back religion in our country,” Trump said at a Rose Garden event on the National Day of Prayer in May.

Over the summer, his administration released a memo establishing new guidelines for the nation's 3 million federal workers. The memo declared they have the right to religious expression in the workplace, and that employees should be allowed to pray, display religious items and have conversations with coworkers centered on religion without fear of discrimination or retaliation.

The guidelines are similar to those issued by President Bill Clinton in 1997. The new directive does not affect the First Amendment to the Constitution or Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on religion and requires employers to make "reasonable accommodations" for workers' religious beliefs and practices.

“This guidance ensures the federal workplace is not just compliant with the law but welcoming to Americans of all faiths,” Scott Kuper, director of the Office of Personnel Management, said in a statement.

While the new guidelines were welcomed by some, others expressed concern about the erosion of barriers between the church and the workplace.

"Imagine if a manager of a different religion tries to engage you in a discussion of why his faith is correct," Naomi Kraus of Teaneck, who leads a nonprofit dedicated to combating antisemitism in the workplace, told the Bergen Record.

Under the new guidelines, here is what is now allowed in workplaces and how it could affect New Jersey's 29,000 federal employees:

Display And Use Of Items Used For Religious Purposes Or Religious Icons

Federal employees are now permitted to display and use items intended for religious purposes. This includes, but is not limited to, Bibles, artwork, jewelry, posters displaying religious messages, and other indicia of religion (such as crosses, crucifixes and mezuzahs). These items can be displayed on their desks, on their person and in their assigned workspaces.

Expressions By Groups Of Federal Employees

Agencies are required to allow employees to engage in individual or communal religious expression in both formal and informal settings, alone or with fellow employees, so long as they do not occur during on-duty time. Agencies cannot restrict these expressions based on hypothetical or potential concerns.

Conversations Between Federal Employees

Employees can engage in conversations regarding religious topics with fellow employees. They can also attempt to persuade others of the correctness of their own religious views, provided that such efforts are not harassing in nature. Employees can also encourage their coworkers to participate in
religious expressions of faith, such as prayer.

Unwillingness to engage in such conversations cannot be a cause for workplace discipline, according to the memo.

The Office of Personnel Management also urged agencies to review all personnel policies to ensure they comply with this guidance.

In an interview with The New York Times, Douglas Laycock, a professor emeritus of constitutional law at the University of Texas at Austin and the University of Virginia, said the new guidelines left out cautions about supervisors behaving in a way that subordinates could interpret as coercive.

“This isn’t bad,” Laycock said. “But the failure to caution supervisors about how their comments can easily be misunderstood (or correctly understood) as demanding compliance — that’s the most troubling thing I see here.”