Christian Business Discrimination

In a Christian company, Christian principles provide guidelines for the operation of the business. These biblical guidelines include:

• Christian-centered living;
• A commitment to excellence; and
• A commitment to its people.

In a Christian business, the mission of that business must align with the scriptures.

What Is Christian Employment Discrimination?

Although in many places in the United States, Christianity is the religion practiced by most individuals, in some regions, such as heavily atheist or liberal urban centers, Christians may be the minority.

Reverse discrimination is one potential form of Christian employment discrimination. This occurs when Christians are given preferential treatment in a workplace environment that is not religious.

The Fourteenth Amendment of the United States Constitution protects citizens against any form of religious-based difference in treatment by a government employer, whether that treatment is preferential or discriminatory. Title VII of the Civil Rights Act of 1964 forbids private employers from treating employees differently or discriminating against them because of their personal characteristics.

Christian Businesses’ Religious Beliefs Allows Discrimination Against Women and LGBT

A Christian business may claim it has a right to discriminate against women based on religious objections based on women’s involvement in certain issues being against Christian beliefs, including:

• The right to choose, or abortion;
• Homosexuality; and
• Same-sex marriage.

This type of discrimination may occur in many different ways, including:

• Christian schools firing women because they became pregnant but were not married;
• Business owners that refuse to provide insurance coverage for contraception for their employees;
• Graduate students, training to be social workers, refusing to counsel individuals who are gay;
• Pharmacies turning away women seeking to fill their birth control prescriptions;
• Bridal salons, photo studios, and reception halls refusing to provide their services to same-sex couples who are planning their weddings;
• Doctors and health care providers refusing to provide medically necessary services to women-specific reproductive-health services; and
• Healthcare providers refusing to perform abortions and provide birth control prescriptions.

Laws that Protect Christian Businesses’ Right to Discriminate

Numerous laws protect an individual’s right to religious freedom. These laws also apply to Christian individuals who believe in same-sex marriage and a woman’s right to choose to violate their religious teachings.

Examples of these types of laws include:

• The Free Exercise Clause of the U.S. Constitution: This clause guarantees the right to worship or not as an individual chooses. This freedom of religion clause is widely used by Christian businesses to support their right to discriminate against women’s reproductive rights and LGBT rights;
• State’s Religious Freedom Restoration Act: The Religious Freedom Restoration Act (RFRA) is a federal law mandating that religious liberties may only be limited by the least restrictive means of furthering a compelling government interest;
  • Since the passage of RFRA in 1993, 21 states have enacted similar state laws;
  • In 2014, the Supreme Court held in its Hobby Lobby decision that closely held corporations can assert free exercise rights under the federal RFRA;
• Laws That Allow Refusal to Provide Medical Services, Counseling, and Referrals: the laws in this category allow healthcare providers to refuse to provide medically necessary services to women-specific health services information. The key laws in this category include:
  • The Church amendment (1973, 1974);
  • The Coats amendment to the Public Health Service Act (1996); and
  • The Federal Refusal Clause, also known as the Weldon amendment (2004);
• Laws That Allow Discrimination in Employment, Housing, and Public Accommodations: Many states do not ban discrimination based on sexual orientation and gender identity in:
  • the workplace;
  • housing; or
  • public accommodations, such as:
    • hotels;
    • restaurants; and
    • other places that serve the general public.

Laws that Inhibit Christian Business’ Discriminatory Practice

The laws that prohibit discrimination based on gender and sexual orientation provide a basis to challenge laws in order to protect Christian businesses and their faith-based rejection of anti-choice and homosexuality, including:

• The Equal Protection Clause of the Fourteenth Amendment and Civil Rights Act: These provide justifications to fight against the increased number of states’ Religious Freedom Restoration Act laws;
  • For example, Indiana’s RFRA faced harsh criticism because it allowed individuals and companies to discriminate against same-sex couples and other groups in the name of the exercise of religion. As a result, this law was revised to include new language that clarified that businesses and service providers could not use the legislation as a justification to discriminate based on a client’s sexual orientation;
• State Constitution: Women’s freedom and privacy laws have recently changed with the overturning of Roe v. Wade. Some state courts have ruled that their state constitutions provide stronger protections for a woman’s right to choose than the U.S. Constitution. Whether or not a woman has access to an abortion is now determined by the individual states;
• Laws Promoting Insurance Coverage for Contraception: Under the Affordable Care Act (ACA), newly issued insurance plans are required to cover women’s family-planning care, including contraceptive methods, without copayments or deductibles. 28 states have laws or regulations that ensure equity in private insurance coverage for prescription contraception;
• Laws that Guarantee Women’s Access to Prescriptions: These laws provide that a pharmacist cannot refuse to fill a woman’s legally prescribed birth control. Six states guarantee that women’s birth-control prescriptions will be filled; and
• Laws that Protect Discrimination in Workplace, Housing, or Public Accommodations: Currently, 20 states ban at least some types of discrimination based on sexual orientation and gender identity. 2 additional states ban discrimination based on sexual orientation;
  • Other states protect public employees but not private employees from discrimination; and
  • The protections vary from state to state.

Are There Any Potential Remedies or Penalties a Business Could Face?

The potential remedies or penalties a business may face will vary depending upon the violations of the applicable laws. An individual may request compensatory damages, declaratory relief, and injunctive relief to prevent the threatened violation or continued violation.

For example, in Oregon, a judge for the Oregon Bureau of Labor and Industries (BOLI) ruled that a lesbian couple would receive $135,000 in damages for their emotional suffering after the owners of a bakery in Oregon refused to make the couple a wedding cake. A florist in Washington state who refused to provide flowers for a same-sex wedding was fined $1,000.

In Arizona in 2007, the City of Tucson added sexual orientation as a class to its anti-discrimination law. A violation of this law is a civil offense and carries a $300 fine.

Should I Consult an Attorney?

Anti-discrimination laws may be complex, vary by location, and also overlap with other areas of law. It may be helpful to consult with a civil rights lawyer if you have any issues, questions, or concerns, whether as a business owner, a patron, or an employee.

Your lawyer can advise you of the applicable laws in your state and what remedies may be available to you. If you are a business owner who has been accused of discrimination, your lawyer can help you answer the complaint and gather relevant evidence.

If you are a Christian business owner, whether or not you are facing a discrimination claim, a lawyer can provide valuable advice regarding your business practices to ensure that you are complying with the laws in your state. If your business does face a discrimination claim, a business attorney can represent you throughout the lawsuit process and help with any attempts at negotiations with the other party.