Can an employee refuse diversity training because of religious beliefs?
It can be difficult for companies to negotiate the line between what is for the good of the company, and what suits the individual - and one particular minefield is when the company’s values conflict with an employee’s faith. So, when the two conflict, and employer and employee are at loggerheads, who prevails?
In a decision that provides at least some clarity, the U.S. Court of Appeals for the Second Circuit has upheld the dismissal of a lawsuit brought by an employee who claimed he was discriminated against on the basis of religion for refusing to attend LGBTQ anti-discrimination training. The plaintiff worked as an account clerk for Erie 2-Chautauqua-Cattaraugus BOCES, a public organization that provides educational programs and services to school districts.
Nearly five years ago, in 2018, the employer mandated training to maintain an environment free of harassment and discrimination, as required by New York State's Dignity for All Students Act.
Despite being told by his boss to attend the training, the plaintiff refused, citing his religious beliefs as a devout Christian. He also requested that the employer offer training to teach greater cultural sensitivity towards persons of faith.
The plaintiff was issued a counseling memo for insubordination and directed to attend the LGBTQ training or face disciplinary action up to and including termination. The plaintiff did not attend the training as...
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