Can an Employee Be Fired for Posting Bible Verses on Personal Social Media?

According to a recent lawsuit filed by the Equal Employment Opportunity Commission (EEOC), the answer is “No”. In the July EEOC lawsuit, Crystal Ridge Ski Area, LLC, doing business as “The Rock Snowpark”, a winter sports park and summer events venue near Milwaukee, Wisconsin, violated federal law when it terminated a lift operations manager because of his religion.

According to the lawsuit, the Rock Snowpark fired a Christian employee, because of his religious beliefs, in violation of federal law. The EEOC alleges that the employee frequently posted Bible verses and faith-based messages on his personal social media account. Although his posts made no mention of the workplace or coworkers, his supervisor told him to refrain from posting them. After confirming with the supervisor that he could continue sharing scripture, the employee was fired three days later for posting another Bible verse. The Acting Chair of the EEOC stated that employees have the right to earn a living free from discrimination based on their religious beliefs.

The law requires an employer to reasonably accommodate an employee’s religious beliefs or practices, unless doing so would cause a burden that is substantial in the overall context of the employer’s business taking into account all relevant factors, including the particular accommodation at issue and its practical impact in light of the nature, size, and operating cost of the employer. Read the EEOC Guidance to Employers on religious accommodation in the workplace.

This means an employer may be required to make reasonable adjustments to the work environment that will allow an employee to practice his or her religion. Examples of some common religious accommodations include flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies or practices.

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