Termination and Eviction Over Art With a Scripture Reference Results in Federal Lawsuit
Liberty Counsel has issued this press release. It reports:
Today, a couple who worked and lived at Thornwood Terrace Apartments in Lake City, Florida, a government-subsidized facility owned and operated by The Hallmark Companies and Hallmark Management, is filing suit in federal court against Hallmark after they were terminated and evicted for displaying artwork referencing a Scripture verse in their office. Daniel Dixon was manager and lead maintenance technician at the apartment complex where he lived with his wife, Sharon, who was also a manager . . .
One Comment
The essential threshold question here is what, if anything, employees ARE permitted to display in their work spaces. In many such places, including some law offices, employees are not allowed to display much of anything, among other such regulations. In the absence of a discriminatory motive or effect, the basic legal doctrine of employment at will gives the employer practically all of the legal leverage.
The employer could have a legitimate concern that display of a clearly Christian–or Jewish, Muslim, Budhist, or atheist–picture might send a message to current and prospective tenants or employees that violated religious discrimination laws, or, alternativgely, discourage a prospective tenant from renting there.
Turn this question around and consider an employee who displayed a picture of a militant Muslim, maybe Arafat or Sadr or even Bin Laden.
Maybe some Christian leader reputed, rightly or not, to be anti-Semitic. How about Jeremiah Wright? I can remember when Rev. Martin Luther King, Jr., or W.E.B. DiBois’ picture would have been considered inflamatory.How about Obama or McCain?
I think employers should allow a degree of individuality in workplaces but this looks like a lousy test case, and an uphill fight if it goes to court. It seems to be something that should be negotiated rather than litigated.