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Religion vs. Work
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The company that I work for has a strong foundation in the Church of Scientology. My question is this, what are the legalities regarding the company "requiring" any employee to join their church? Seve
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Religion vs. Work
posted at 7/8/1999 11:46 AM EDT
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Posts: 4
First: 7/8/1999
Last: 7/16/1999
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The company that I work for has a strong foundation in the Church of Scientology. My question is this, what are the legalities regarding the company "requiring" any employee to join their church? Several employees have felt pressured into joining the church even though it goes against their personal beliefs
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Religion vs. Work
posted at 7/8/1999 2:52 PM EDT
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Posts: 90
First: 6/23/1999
Last: 9/26/2001
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You state that your company has a strong foundation in the Church of Scientology. Is the company a "church' under the letter of the law? If it is not, they cannot require you to join their church. Case law is such that it can only be a BFOQ if they are a church and being a member is required in order to perform the essential functions of the job. Otherwise, no way!
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Religion vs. Work
posted at 7/10/1999 7:25 PM EDT
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Posts: 2217
First: 6/16/1999
Last: 12/13/2001
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I actually think that the Scientology part of this question makes it exceptionally difficult. You might want to consult with an employment lawyer before taking any further steps. A threshhold question concerns whether Sceintology is a religion at all (some people dispute this assertion).
Assuming that it is a religion, the EEOC has generally taken the position that unless the particular job is clerical or religious in nature (i.e., a cantor, a minister, etc.), an employer otherwise subject to Title VII may not require the employee become a member of the church. Of course, there are lots of "ifs" contained in that statement -- if the job otherwise is a religious job, if the organization is a church, if the employer is otherwise subject to Title VII, etc
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