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11th Circuit: No Bar On Private Employer Keeping Workplace Free of Religious Symbols

By Howard M. Friedman

 Dixon v. Hallmark Companies, Inc., (11th Cir., Dec. 9, 2010), involved a clash between owners of a federally assisted apartment complex that had a policy barring religious items from being displayed in the building's management office, and the husband and wife maintenance technician and on-site property manager who objected to the policy. A company supervisor insisted that the couple take down a large wall hanging that included the inscription: "Remember the Lilies.... Matthew 6:28." The supervisor ultimately took the picture down  and an argument ensued when the couple wanted to rehang it, leading to their being fired. The couple sued.  On appeal, the 11th Circuit concluded that plaintiffs failed to show any legal rule that barred the owners from keeping religious symbols out of the workplace.  However it sent back for trial a religious discrimination claim based on the husband's allegation that the supervisor said he was being fired for being "too religious." It also sent back to the trial court a religious accommodation claim so the trial court could determine whether plaintiffs had a sincere religious belief that conflicted with the company's policy. (See prior related posting.)

Full post as published by Religion Clause on December 11, 2010 (boomark / email).