Prayer spurs complaint

Published 10:28 pm Friday, July 13, 2012

The city’s Human Resources Department has reminded employees that praying during department meetings is not allowed, after a city employee complained about a prayer conducted during a Public Works Department meeting.

An email from Brian Parker, a risk manager in the Human Resources Department, sent on July 2 to Timothy Berkhimer, assistant director for operations for Public Works, told Berkhimer that Human Resources had received a complaint about a prayer that was conducted.

“Due to the risk of harassment and discrimination claims all prayers will need to cease during these events,” Parker wrote. “An employee could claim there are attempts by the employer or supervisors to bring a religious element into the workplace.”

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Berkhimer then forwarded the email to other Public Works employees with the note “FYI. Prayer mentioned was a blessing of the meal about to be eaten. We will cease all blessings and prayers immediately.”

Responding to inquiries, city spokeswoman Debbie George said the prayer had been led by a supervisor at a meeting employees were required to attend.

“While reasonable accommodations could allow time for individual prayer if needed, employees led in prayer by a supervisor could be interpreted as harassment and discrimination and create a hostile work environment,” she said.

George said the city does not have a specific policy on prayer but follows state and federal regulations regarding it, including provisions in the Civil Rights Act of 1964.

There has never been a similar complaint, she added.

Experts at two civil rights organizations said they would need to know more of the facts of the situation to determine whether it was appropriate.

“Occasionally, we do sometimes receive complaints about prayers taking place at official government functions,” said Rebecca Glenberg, legal director at the American Civil Liberties Union. “Of course, we have to evaluate each of these cases on their specific facts.”

Glenberg said such factors as who led the prayer, if employees were required to be at the meeting or simply invited, if employees felt coerced to participate and whether there was an actual government sponsorship of prayer would be significant in a legal case.

“If something did occur that would suggest government sponsorship of prayer, certainly it would be an appropriate response for Human Resources to send out an email and remind managers of what the rules are,” she said.

Brett Harvey of the Alliance Defending Freedom also said whether employees were required to be at the meeting is a significant factor. He noted the U.S. Congress begins each day with a prayer.

Harvey added prayer is not unconstitutional just because it takes place in a government building or by government employees.

“People are allowed to get together and discuss many things,” he said. “They’re allowed to get together, share a meal and pray.”