Workplace Religious Freedom Act
Encyclopedia
The bipartisan Workplace Religious Freedom Act (WRFA) was introduced in the United States Senate by Senator Rick Santorum
(R-Pennsylvania) and Senator John Kerry
(D-Massachusetts) on March 17, 2005, and in the House of Representatives by Representatives Mark Souder
(R-IN), Carolyn McCarthy
(D-NY), Bobby Jindal
(R-LA), and Anthony Weiner (D-NY). If passed, this legislation would require employers to make reasonable accommodation for an employee's religious practice or observance, such as holy days (e.g. 7th-day Sabbath observances).
Other supporters of the bill include Senator Hillary Rodham Clinton
(D-NY) and Senator Ted Kennedy
(D-MA).
This legislation has garnered the diverse support of various religious groups including, the Union of Orthodox Jewish Congregations, the Southern Baptist Convention
, the National Council of Churches
, the North American Council for Muslim Women, the Sikh American Legal Defense and Education Fund
, the Seventh-day Adventist Church
, the Council on American Islamic Relations, B'nai B'rith International, the American Jewish Committee
, Agudath Israel of America
, the U.S. Conference of Catholic Bishops and other groups.
The ACLU and some Chambers of Commerce
have come out against the act. The ACLU supports a "narrowly tailored" bill "focused on strengthening the federal requirements imposed on employers to accommodate workplace scheduling changes for the observation of religious holidays and the wearing of religious clothing or a beard or hairstyle." They object to the WRFA on the grounds that it is overly broad, and could potentially erode civil rights by permitting workplace religious-freedom claims that have been previously rejected by the courts. For example, the courts have rejected refusals by employee counselers to counsel gay and lesbian workers, refusals by police officers to protect abortion clinics, and a social worker's decision to use Bible readings and exorcism to treat mental-health problems in prison inmates. Because the WRFA changes the legal criteria for allowed restrictions on workplace religious activities to "primarily financial" grounds in which "temporary or tangential" religious behavior is allowed, the ACLU argues that such cases may be allowed by future courts under WRFA.
Rick Santorum
Richard John "Rick" Santorum is a lawyer and a former United States Senator from the commonwealth of Pennsylvania. Santorum was the chairman of the Senate Republican Conference -making him the third-ranking Senate Republican from 2001 until his leave in 2007. Santorum is considered both a social...
(R-Pennsylvania) and Senator John Kerry
John Kerry
John Forbes Kerry is the senior United States Senator from Massachusetts, the 10th most senior U.S. Senator and chairman of the Senate Foreign Relations Committee. He was the presidential nominee of the Democratic Party in the 2004 presidential election, but lost to former President George W...
(D-Massachusetts) on March 17, 2005, and in the House of Representatives by Representatives Mark Souder
Mark Souder
Mark Edward Souder is an American Republican politician who was a U.S. Representative from Indiana from 1995 to 2010.During the 1980s and early 1990s, he worked as a congressional aide to Dan Coats and committee staff director. He was elected to his congressional seat in 1994...
(R-IN), Carolyn McCarthy
Carolyn McCarthy
Carolyn McCarthy is the U.S. Representative for , serving since 1997. She is a member of the Democratic Party. The district is located in central Long Island in west-central Nassau County and includes Mineola, the Five Towns, East Rockaway, Rockville Centre, Oceanside, Garden City, Hempstead,...
(D-NY), Bobby Jindal
Bobby Jindal
Piyush "Bobby" Jindal is the 55th and current Governor of Louisiana and formerly a member of the United States House of Representatives. He is a member of the Republican Party....
(R-LA), and Anthony Weiner (D-NY). If passed, this legislation would require employers to make reasonable accommodation for an employee's religious practice or observance, such as holy days (e.g. 7th-day Sabbath observances).
Other supporters of the bill include Senator Hillary Rodham Clinton
Hillary Rodham Clinton
Hillary Diane Rodham Clinton is the 67th United States Secretary of State, serving in the administration of President Barack Obama. She was a United States Senator for New York from 2001 to 2009. As the wife of the 42nd President of the United States, Bill Clinton, she was the First Lady of the...
(D-NY) and Senator Ted Kennedy
Ted Kennedy
Edward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history...
(D-MA).
This legislation has garnered the diverse support of various religious groups including, the Union of Orthodox Jewish Congregations, the Southern Baptist Convention
Southern Baptist Convention
The Southern Baptist Convention is a United States-based Christian denomination. It is the world's largest Baptist denomination and the largest Protestant body in the United States, with over 16 million members...
, the National Council of Churches
National Council of Churches
The National Council of the Churches of Christ in the USA is an ecumenical partnership of 37 Christian faith groups in the United States. Its member denominations, churches, conventions, and archdioceses include Mainline Protestant, Orthodox, African American, Evangelical, and historic peace...
, the North American Council for Muslim Women, the Sikh American Legal Defense and Education Fund
Sikh American Legal Defense and Education Fund
Founded as the Sikh Mediawatch and Resource Task Force in 1996, the Sikh American Legal Defense and Education Fund is a national civil rights and educational organization in the United States...
, the Seventh-day Adventist Church
Seventh-day Adventist Church
The Seventh-day Adventist Church is a Protestant Christian denomination distinguished by its observance of Saturday, the original seventh day of the Judeo-Christian week, as the Sabbath, and by its emphasis on the imminent second coming of Jesus Christ...
, the Council on American Islamic Relations, B'nai B'rith International, the American Jewish Committee
American Jewish Committee
The American Jewish Committee was "founded in 1906 with the aim of rallying all sections of American Jewry to defend the rights of Jews all over the world...
, Agudath Israel of America
Agudath Israel of America
Agudath Israel of America , is a Haredi Jewish communal organization in the United States loosely affiliated with the international World Agudath Israel.-Functions:...
, the U.S. Conference of Catholic Bishops and other groups.
The ACLU and some Chambers of Commerce
Chamber of commerce
A chamber of commerce is a form of business network, e.g., a local organization of businesses whose goal is to further the interests of businesses. Business owners in towns and cities form these local societies to advocate on behalf of the business community...
have come out against the act. The ACLU supports a "narrowly tailored" bill "focused on strengthening the federal requirements imposed on employers to accommodate workplace scheduling changes for the observation of religious holidays and the wearing of religious clothing or a beard or hairstyle." They object to the WRFA on the grounds that it is overly broad, and could potentially erode civil rights by permitting workplace religious-freedom claims that have been previously rejected by the courts. For example, the courts have rejected refusals by employee counselers to counsel gay and lesbian workers, refusals by police officers to protect abortion clinics, and a social worker's decision to use Bible readings and exorcism to treat mental-health problems in prison inmates. Because the WRFA changes the legal criteria for allowed restrictions on workplace religious activities to "primarily financial" grounds in which "temporary or tangential" religious behavior is allowed, the ACLU argues that such cases may be allowed by future courts under WRFA.
External links
- IPA Public Policy Library
- Church State Council
- American Jewish Committee Urges Enactment of WRFA
- Remarks of Hillary Clinton at the Seventh-day Adventist Annual Religious Liberty Dinner regarding WRFA
- Library of Congress - H.R. 1445
- Library of Congress - S. 677
- ACLU statement opposing the bill
- American Humanist Association statement opposing WRFA