Rules on Religion

Rules on Religion

amaxwell@govexec.com

President Clinton on Thursday issued guidelines to clarify federal workers' right to express religious views at work.

"Religious freedom is at the heart of what it means to be an American, and at the heart of our journey to become truly one America. Let us pledge always to honor it," Clinton said at a White House ceremony attended by various religious leaders.

The guidelines contain several general rules and specific examples of tolerable and intolerable situations.

Agency heads must allow employees to engage in personal religious expression "to the greatest extent possible" without affecting workplace efficiency. This means an employee may keep a Bible or Koran on his or her desk and read it during breaks. A Muslim female employee may wear a head cover.

Employees are permitted to discuss the benefits of their religion with other co-workers as long as the co-worker does not object. Religious speech is unacceptable if it would lead a "reasonable observer" to conclude that the government is endorsing religion.

The guidelines also reiterate Equal Opportunity Employment Commission rules that prohibit employment discrimination on the basis of religion, religious beliefs or views concerning religion.

Agency supervisors may not "coerce an employee" to participate in religious activities by offering better or worse employment conditions.

For example, a supervisor may invite co-workers to a son's confirmation in a church, or to his own wedding at a temple. However, a supervisor should not say to an employee: "I didn't see you in church this week. I expect to see you there this Sunday."

Agencies also must accommodate employees' religious practices -- for example, when work schedules interfere with Sabbath or other religious holiday observances.

Clinton instructed the Office of Personnel Management to distribute the guidelines to all civilian branch agencies and officials Thursday.

"We expect all employees to follow them carefully," Clinton said. "What we accomplished here together today shows what can be done to protect religious freedom within the bounds of our Constitution."

In 1993, Congress passed and President Clinton signed the Religious Freedom Restoration Act, which protected certain religious practices from government interference. In June the Supreme Court struck down the act, saying Congress had usurped the court's power to define constitutional protection of religion and intruded on the business of the states. In 1995, Clinton directed the Secretary of Education to issue guidance to public school districts on what kinds of school prayer are permissible under federal law.

White House spokesman Mike McCurry said that, like the guidance for schools, the guidelines for federal employees are meant to clarify existing law.

"The President believes it's important in an area that is sometimes contested or sometimes unclear to set forth very clearly what the guidelines are and what's permissible and what is not permissible," McCurry said.

The guidelines do not affect military personnel because they have their own set of religious rules and practices, McCurry said.

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