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Yes, Attempt To Recruit Christian Workers Violates State And Federal Law

Posted by on Aug. 20, 2013 at 8:27 PM
  • 110 Replies


The director of operations of a Subway franchisee, in West Virginia, sent letters to several churches and congregations saying his company was “in need of Christian employees.” I’m sure some people will not see the problem with such a letter, after all a business should be able to make hiring decisions that prefer a particular group of people. Some may think the guy was just trying to reach out to a segment of people to recruit more workers. The problem is that such outreach is actually against state and federal law.

Kermit Ball, the director of operations for Hammond Group Inc., which owns the Subways, sent the letter, publishing employment opportunities at the restaurants. It was sent to at least four churches and congregations in the Charleston and Huntington areas.

The letter, and subsequent statements from Ball, seem to imply that Hammond Group Inc. would prefer to hire Christian employees, finding them more honest.

The letter, in part, reads: “Due to changing times, we are looking for good honest people. If you have anyone in your congregation in need of a job, or new career, please have them contact us at the address provided above. We are looking for sandwich artists, shift managers, assistant managers and supervisers. The Hammond Group owns and operates 20 Subway restaurants. We are a Christian based company and in need of Christian employees.”

When asked about the letter, Ball reiterated its points.

“Robbery and theft in stores is really, really high and we’re trying to find honest people to run registers,” Ball said. “I’m not elaborating on anything, our owners are Christians.”

Letter seeking Christians as employees raises concerns

The letter may have violated state and federal law prohibiting printing “any notice or advertisement relating to employment or membership indicating any preference, limitation, specifications or discrimination based upon race, religion, color, national origin, ancestry, sex, disability or age.” The only exemption for the law is if the work is religious in nature – like a church doing the hiring for the church’s work.

It also doesn’t look like Mr. Ball was doing an innocent outreach to some Christians to recruit new workers. He actually believes that people who believe in his “god” are more honest than those who don’t.

Ball’s attempt at discrimination isn’t any different than past attempts where help wanted signs said “Irish Need Not Apply” or when businesses had signs saying it was “Whites Only”.

As for his assertion that Christians are more honest, a simple Google search will take that claim down.

LINK



August 18, 2013
Letter seeking Christians as employees raises concerns

CHARLESTON, W.Va. -- The director of operations of 20 Subway restaurants across West Virginia may have violated the state Human Rights Act when he sent a letter to several churches and congregations saying his company was "in need of Christian employees."

Kermit Ball, the director of operations for Hammond Group Inc., which owns the Subways, sent the letter, publishing employment opportunities at the restaurants. It was sent to at least four churches and congregations in the Charleston and Huntington areas.

The letter, and subsequent statements from Ball, seem to imply that Hammond Group Inc. would prefer to hire Christian employees, finding them more honest.

The letter, in part, reads: "Due to changing times, we are looking for good honest people. If you have anyone in your congregation in need of a job, or new career, please have them contact us at the address provided above. We are looking for sandwich artists, shift managers, assistant managers and supervisers. The Hammond Group owns and operates 20 Subway restaurants. We are a Christian based company and in need of Christian employees."

When asked about the letter, Ball reiterated its points.

"Robbery and theft in stores is really, really high and we're trying to find honest people to run registers," Ball said. "I'm not elaborating on anything, our owners are Christians."

The local branch of the American Civil Liberties Union thinks that the letter violates the state Human Rights Act, which prohibits employers from discriminating in hiring based on an applicant's religion.

"It's clear to me that it's a violation of the Human Rights Act," said Paul Sheridan, interim director of the West Virginia ACLU. "I hope somebody would look into it."

The West Virginia Human Rights Act bars employers from printing materials that express a preference for potential employees' religions.

The law reads: "It shall be an unlawful discriminatory practice ... For any employer, employment agency or labor organization, prior to the employment or membership, to: print or publish or cause to be printed or published any notice or advertisement relating to employment or membership indicating any preference, limitation, specifications or discrimination based upon race, religion, color, national origin, ancestry, sex, disability or age."

Federal law also contains similar prohibitions.

Section VII of the federal Civil Rights Act reads: "It shall be an unlawful employment practice for an employer...to print or publish or cause to be printed or published any notice or advertisement...indicating any preference, limitation, specification, or discrimination, based on race, color, religion, sex, or national origin."

Both state and federal laws allow for religious exemptions if there is a "bona fide occupational qualification for employment." For instance, churches and religious nonprofit groups may consider religion when hiring.

Those exemptions would not seem to cover the Hammond Group, which was established as a for-profit corporation in 1994, according to the Secretary of State's Office.

LINK

 


Thank God......it's Friday!!!

by on Aug. 20, 2013 at 8:27 PM
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Replies (1-10):
mikiemom
by Ruby Member on Aug. 20, 2013 at 8:39 PM
9 moms liked this

If he was looking for honest workers the christian church is not the place to find those types of people. They don't have to do the right thing their god will forgive them if they are sorry.

PeeperSqueak5
by on Aug. 20, 2013 at 8:43 PM

I really can't blame Subway for this letter.  I know a few people that own businesses that feel the same way.

Friday
by HRH of MJ on Aug. 20, 2013 at 8:46 PM
2 moms liked this


Quoting PeeperSqueak5:

I really can't blame Subway for this letter.  I know a few people that own businesses that feel the same way.

Why? What evidence is there that Christian employees are at all superior to non-Christians. What about the law?

 


Thank God......it's Friday!!!

romalove
by Roma on Aug. 20, 2013 at 8:47 PM
13 moms liked this


Quoting PeeperSqueak5:

I really can't blame Subway for this letter.  I know a few people that own businesses that feel the same way.

Why do you hate America and the Constitution?

Beadbum
by New Member on Aug. 20, 2013 at 8:57 PM
2 moms liked this



Quoting PeeperSqueak5:

I really can't blame Subway for this letter.  I know a few people that own businesses that feel the same way.


Ummm, PepperSqueak5 - how about because it's against the law and there are very good reasons why it is against the law, for starters?

Don't spawn - our society can't bear the weight of any more ignorant mini-mes.

Beadbum
by New Member on Aug. 20, 2013 at 8:59 PM



Quoting mikiemom:

If he was looking for honest workers the christian church is not the place to find those types of people. They don't have to do the right thing their god will forgive them if they are sorry.

In all actuality it is non-theists they should be seeking to hire as we are the ones who actually HAVE morals and values and are being forced to teach them to theists.


jamamama00
by on Aug. 20, 2013 at 9:02 PM
Let him have em! See how that works out for his business...
Sekirei
by Nari Trickster on Aug. 20, 2013 at 9:04 PM
4 moms liked this

<--should go and apply there.. just for the shits and giggles

muslimah
by on Aug. 20, 2013 at 9:12 PM
1 mom liked this

 I don't see anything wrong with him passing out job postings at his church. That is like I am a member of Muslims of Michigan and they are constantly announcing job positions that are available.

It would be wrong if someone out side of the church who had the qualifications didn't get the job just based on them not being a Christian but I find that unlikely since I have been to a job interview that asked me my religion.

Della529
by Matlock on Aug. 20, 2013 at 9:23 PM

 Considering he sent the letter to various churches, I'm not sure any were his church.

It is against the law to be asked your religion when applying or interviewing for employment. 

Quoting muslimah:

 I don't see anything wrong with him passing out job postings at his church. That is like I am a member of Muslims of Michigan and they are constantly announcing job positions that are available.

It would be wrong if someone out side of the church who had the qualifications didn't get the job just based on them not being a Christian but I find that unlikely since I have been to a job interview that asked me my religion.

 

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