Woke corporations in America today think they can fire employees for their politics without legal liability. They’re mistaken.
It’s well established that an employer violates Title VII if it fires an employee because of his religious beliefs. But was Ms. Carano expressing religious beliefs through her social media post? Very unlikely. Nor was Mr. McNeil when he uttered the racial slur, nor was Mr. Cafferty, who said nothing at all. But that’s not the end of the matter.
Often forgotten is that Title VII protects not only religious employees from being fired for their beliefs, but equally protects nonreligious employees from being fired for refusing to endorse an employer-mandated religion. “What matters in this context is not so much what [the employee’s] own religious beliefs were,” the Seventh Circuit federal court of appeals said in the 1997 Venters v. City of Delphi. What matters is whether the employee was “fired because he did not share or follow his employer’s religious beliefs.”
The real question, then, is whether wokeness in America today qualifies as a religion under Title VII. If it does, Ms. Carano has a straightforward claim of religious discrimination—she was fired for refusing to follow an employer-mandated religion.
Surprising as it may seem, the answer to that legal question is almost certainly yes.
March 4, 2021
Save America’s Workers from the Church of Wokeness
[Via a text message from daughter Jaime.
He goes on to make the case, from numerous court cases, that wokeness meets the legal definition of a religion.
Assuming he is correct, the question then becomes whether the EEOC and/or the courts are willing to stand up to the woke, religious, thugs.
I don’t give that question very high odds of being answered in the affirmative.—Joe]