Can I fire an employee for believing in "Creationism"?

Question

I know I can't fire them for religious beliefs, but if Creationism really is an "alternative scientific explanation" then it would be no different than firing an accountant for working in Base 8 and refusing to use the decimal system, would it?

If they sued me and won, that would prove creationism is theology rather than science!

Mel...lucid of you to accuse me of "spaghetti logic"...I am a Pastafarian!

Ramen!

Answer 1

I got a chuckle out of this! On the serious side, if you didn't want backlash from firing someone, just remember that an EXEMPT employee may be terminated for any reason whatsoever--as long as you can tie the reason back to company goals and policies, or job performance. In fact, a reason need not be given for the termination of an exempt employee. So PROMOTE he/she/it into management and 45 days later, pull out the ax.

Answer 2

Well that would seriously depend on the state. I would get an attorney before I tried it because the downside is huge.

Most states you COULD. Christians do it all the time for employment into their positions and it mostly isn't illegal in spite of what people think. The courts have upheld thing like not allowing head scarfs. Freedom of religion only extends to employment if a specific law gives you protection. Now, the individual would almost certainly win an unemployment claim and that would be expensive too.

I'll tell you what you could get away with if you are in a biological sciences area-- you could give a basic biology test as a pre-employment screen.

Answer 3

Check you state's laws regarding "Employment at Will." If your state has laws stating all employees are employed "at will," you can lay off anyone, anytime, and call it a "reduction in force," and he would be powerless to sue. Just tell him you're "cutting back." After a reasonable amount of time, hire someone else. On the other hand, if he is constantly spouting off with his religious beliefs, he can be charged under Equal Employment Opportunity Commission guidelines for religious harassment, and "creating a hostile work environment," but as his employer I don't think you're allowed to file the suit; one of the other employees would have to make the complaint.
Good luck.

Answer 4

Was belief in Creationism mentioned as grounds for termination BEFORE you hired the person? You can't change the rules AFTER the fact. Why would you fire a person for their personal beliefs?

Answer 5

It would depend on what business your company is engaged in. If it had anything to do with the biological sciences, I think you could get away with firing a creationist. The creationist would appeal, of course - you'd probably end up at the supreme court.

Answer 6

Yes, it would. Firing someone who refuses a reasonable request to perform his/her work according to company standards (using the decimal system, for example), is acceptable. Firing someone on the basis of his/her personal opinions which are not work-related is not.

For example, if you fired an employee because they chose to homeschool their kids, that would be illegal. If you fired them because the homeschooling caused them to miss too much work time, that would not be illegal.

Or perhaps you should be fired yourself for using spaghetti logic to make your point! :)

Answer 7

Kick 'im out anyway, if for no other reason than to avenge the thousands of Christian hate-targets who have been discriminated out of *their* jobs.

You wouldn't have an active Nazi or racist on your staff. Why tolerate a scientific pygmy?

CD

Answer 8

Does his belief in creationism affect his job? If not, I don't see why you'd want to fire him.

Answer 9

"Creationism really is an "alternative scientific explanation""
- It isn't.
If you're in the Pharmaceutical Industry, maybe - they RUN on the ToE.

Answer 10

Clever.

But does the application of how life arose have any bearing on him being able to perform his job?