for Separation of Church and State
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WRFA could:
· Undermine civil rights laws and employer nondiscrimination policies and practices. WRFA could strengthen the legal basis for employees who want to invoke the religious accommodation requirements to violate state and local civil rights laws that protect against marital status or sexual orientation discrimination. Moreover, employees could use WRFA to claim that their religious beliefs require them not to have to comply with important voluntary employer policies that go beyond the scope of applicable laws. For example, many employers have their own civil rights policies, including anti-harassment and diversity training policies, that provide key protections against discriminatory harassment in the workplace. Employers may face significant difficulties under WRFA for protecting employees or third parties -- particularly religious minorities – from religious harassment caused by unbridled proselytization by religiously-motivated employees.
· Harm the health or safety of people seeking health care or other important information. WRFA will make it much easier for employees to win harmful religious claims that they are now losing under the applicable Title VII standard. For example, a maternity ward nurse refused to scrub for an emergency caesarian section based on her religious beliefs and left a woman “standing in a pool of blood,” a nurse insisted on telling an AIDS patient and his partner her views of salvation and that God “doesn’t like the homosexual,” and a police officer refused to guard an abortion clinic. Further, employees would be granted, through WRFA, a significant predicate for asserting that their religious beliefs prevent them from providing emergency reproductive health care services or HIV-related counseling.
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