by Texe Marrs
Where an employee notifies an employer that his/her beliefs conflict with a particular training technique or method used in a “new age” training program, an employer may accommodate the employee’s belief by substituting an alternative technique or method not offensive to the employee’s belief or by excusing the employee from that particular part of the training program. The employer may have to excuse the employee from the entire program where the employee contends that the program itself is based on a concept contrary to his/her beliefs, unless the employer can show undue hardship. 20/ Because an employer may not impose any religious requirements on the terms or conditions of employment, an employer who in any way penalizes an employee who has been excused from participat1ng in a training program because of religious conflicts discriminates on the basis of religion. Moreover, an employer may be required to provide alternative training as part of reasonably accommodating the employee’s religious beliefs unless it can show undue hardship. Exempting an employee from a training program without providing alternative training may disadvantage the employee with respect to his/her employment opportunities.
Example: R requires its employees, as part of a training program, to participate in a form of meditation that involves emptying one’s mind of all thoughts by repeating a meaningless word. CP objects to participating in this exercise because it conflicts with his religious belief that a person should always keep his mind open to “divine inspiration.” R must accommodate CP’s religious belief by excusing him from this exercise even though R, the sponsor of the training program, and other employees believe that this form of mediatation does not conflict with any religious beliefs.
The employer may also be liable where the training program is explicitly based upon religious beliefs. 21/ Under Title VII an employer is obligated to maintain a working environment free of coercion or intimidation based on employees and potential employees whose individual religious beliefs conflict with the training program but also against employees and potential employees who choose not to have religious beliefs.
Example: R requires it employees, as part of a training program, to participate in a form of mediatation that involves emptying one’s mind of all thoughts by repeating a meaningless word. The employees are taught that this meditation will bring them into contact with the “ultimate reality of the universe” which empowers them to reach the “supreme authentication” of their “True Self” and to become one with “All That Is.” R must accommodate the relgious beliefs of its employees by excusing from this exercise, not only those employees who object because this conflicts with their religious beliefs, but also employees who object because they have chosen not to have religious beliefs. In addition, R’s policy of requiring employees to attend a relgiously oriented program discriminates on its face against all employees and potential employees on the basis of religion.
The issue of “new age” training programs is Non-CDP. Charges involving this issue should be sent to Headquarters until further notice. Contact Coordination and Guidance Services at FTS 634-6423 for instructions.
Date (2/22/88)
Approved: Clarence Thomas,
Chairman
ENDNOTES
1/ Gurus Hired to Motivate Workers Are Raising Fears of ‘Mind Control,’ (hereinafter Gurus) New York Times, April 17, 1987, at A-18; New Age Harmonies, Time Mag., Dec. 7, 1987 at 62.
2/ Gurus, supra, n. 1.
3/ New Age Harmonies, supra. n. 1 at 62-63.
4/ Gurus, supra, n. 1.
5/ New Age Harmonies, supra, n. 1 at 64, 69.
6/ Gurus, supra, n. l.
7/ Id.
8/ Id.
9/ Id.
10/ Guidelines on Discrimination Because of Religion. 29 C.F.R. § 1605.1, “Religious” nature of a practice or belief.
11/ Commission Decision No. 76-104, CCH EEOC Decisions (1983) ¶ 6500 (The Commission determined that if religion were construed more narrowly for Title VII purposes than it is in the context of § 6(j) of the Military Training and Service Act, then Title VII’s proscription of religious discrimination would conflict with the First Amendment’s Establishment Clause), citing United States v. Seeger, 380 U.S.163, 176 (l965) (the Court defines religion under § 6(j) of the Universal Military Training and Service Act, 50 U.S.C.A. App. § 456(j) (1968); see Compliance Manuel § 628.4(b), “Religious” Nature of a Practice or Belief, p. 628-4.
12/ See Commission Decision No. 76-104, CCH EEOC Decisions (1983) § 6500, citing Welsh v. United States, 90 S. Ct. 1792, 1796 (1970)
13/ See Callan v. Woods, 663 F.2d 679, 685 (9th Cir. 1981) (held “in applying the free exercise clause of the First Amendment, courts may not inquire into the truth, validity, or reasonableness of a claimant’s religious beliefs,”) United States v. Rasheed, 663 F.2d 843, 847 (9th Cir. 1981) (validity of religious beliefs cannot be questioned); (note that since the Commission has adopted the standards enunciated by the Supreme Court in Seeger and Welsh, guidance can also be obtained from lower courts applying the same rule).
14/ Commission Decision No. 81-33, CCH EEOC Decisions (1983) ¶ 6828 (CP who sincerely holds a belief with the strength of traditional religious views does not have to prove that others hold or share his belief); 29 CFR § 1605.1.
15/ Thomas v. Review Board of Indiana Employment Security Division, 450 U.S. 707, 715-16, 25 EPD ¶ 31,622 (1981) (religious beliefs need not be universally within religion in order to qualify as religious or in order to be entitled to protection); 29 CFR ¶ l605.1.
16/ Commission Decision No. 72-1114, CCH EEOC Decisions (1973) ¶ 6347 (however, the Title VII protection which is given to those who have chosen not to believe is only applicable to those who choose not to believe in a particular religious practice, belief, or in religion itself); see Young v. Southwestern Savings and Loan Association, 509 F.2d 140. 9 EPD ¶ 9995 (5th Cir. 1975) (supervisor told employee that she had a duty to attend staff meetings at which prayer and devotionals were conducted; held, employer obligated to accommodate employee’s religious beliefs which include the freedom not to believe).
17/ See Seeger, 380 U.S. at 173; see also United States v. MacIntosh, 283 U.S. 605, 633-634 (1931); for an example, see Compliance Manual § 628.4(2), p. 628-6.
18/ United States v. Rasheed, 663 F.2d 843, 847 (9th Cir. 1981) (although the validity of religious beliefs cannot be questioned, the sincerity of the person claiming to hold such beliefs can be examined,” citing Seeger, 380 U.S. at 185); see Compliance Manual § 628(b)(2), p. 628-5, for instructions for determining whether a religious practice or belief requires protection.
19/ 42 U.S.C. §2000(e)(j) (1976); 229 CFR § 1605.2(b)(1).
20/ The mere assumption that many more people with the same religious belief as the individual may also need accommodation is not sufficient evidence of undue hardship. See Commission Decisions Nos. 81-83 and 72-0606, at CCH EEOC Decisions ¶ 6828 (1983) and ¶ 6310 (1973) and Compliance Manual § 628-23, pp. 628-23 & 24.
21/ See C.D. No. 72-0528. CCH EEOC Decisions (1973) ¶ 6316 (R has continuing policy of conducting, on its premises and during regular work hours, a weekly meeting which includes prayer recitals, hymn singing and sermons from local clergymen; all employees, regardless of individual religious persuasion or moral code, are urged to attend; R’s policy on its face discriminates against all employees and potential employees who do not desire to attend such meetings because of their individual religious beliefs or 1ack of any religious beliefs); State of Minnesota v. Sports & Health Club, 392 N.W.2d 320, 41 EPD ¶ 36,617 (1986) (employer permitted only born again Christians to hold management positions, required managers to attend weekly Bible studies, and suggested that other personnel also attend; held employer wrongfully imposed religious beliefs on employees); Young v. Southwestern Savings and Loan Association, supra note 16.
22/ Commission Decision No. 72-1114, CCH EEOC Decisions (1973) ¶ 6347 (R’s failure to provide a working environment free of religious intimidation is violative of Section 703(a) of Title VII: CP’s supervisor
discussed his religious convictions with CP and other employees on the job).
APPENDIX 2
The New Age vs. True Christianity: A Contrast
APPENDIX 3
New Age Terminology
Abortion
Acupressure
Acupuncture
Adept
Age of Aquarius
Ageless Wisdom
Agni Point
Ajna Centre
Alcoholism as “Sacred Disease”
Alice Bailey Writings
Altered States of Consciousness
American Indian Medicine
Amulets/Talismans
Ancient Wisdom, The
Animism
Ankh Symbol
Anthoroposophy
Antichrist and 666
Antisemitism
Aquarian Gospel
Aquarian Age
Arcane
Artemis
Aryan
Ascended Masters
Ashram
Astral Body
Astral Travel
Astral Projection
Astrology/Zodiac
Atlantis/Lemuria Continents
Atman
Aura Readings
Aura
Avatar
Awaken Kundalini
Awaken to Divinity
Baal
Bates Method, The
Bioenergy
Bi-Sexuality
Body Energy Fields
Breathe-in God
Buddhism
Bull Dancing
Camelot
Centering
Centers of Light
Chakras
Channeling of Spirits
Chanting
Charms
Chelas
Christ Consciouness
Christian Rock Music/Christian Science
Church Universal and Triumphant
Collective Consciousness
Color Therapy
Cosmic Fire
Cosmic Energy
Cosmic Consciousness
Counterculture
Course in Miracles, A (the book)
Creative Intelligence, The
Creative Visualization
Crone
Crystals
Dance of Life, The
Death Education
Deathing
Decreeing
Demonic Tongues
Demons
Dervish Dances
Devas
Diamond in the Lotus
Dianetics
Divine Wisdom
Divinity of Man
Dominion Theology
Dragon
Druids
Dungeons and Dragons
Earth is Divine
Earth Religion
Earth Worship
Eastern Mysticism
Eckankar
Edgar Cayce
Egyptian Art
Embrace the Darkness
Empty One’s Mind
Enchantment
Energy Point
Esoteric
EST
Ether World
Euthanasia
Evolution
Expanded Awareness
Familiar Spirits
Fire Walking
Force, The
Forlune Telling
Forum, The
Gaia (Earth Goddess)
Gestalt Psychology
Global Healing
Global Mind-Link
Globalism
Gnosis
God Consciousness
God of Forces
Goddess Worship
Godlike Powers
Great Invocation, The
Guided Imagery
Guru
Harmonic Convergence
Heal Mother Earth
Healing of Memories
Hermaphrodite
Hierarchy, The
High Religion
Higher Consciousness
Higher Self
Hinduism
Holistic Health
Holistic Medicine
Holy Grail
Homeopathy
Homosexuality/Lesbianism
Horus
Hypnosis
I Ching
I Am Movement
Incense
Indian Rituals
Initiation Inner Healer
Inner Knowledge
Inner Light
Inner Healing
Inner Space
Inner Child
Inner Guide
Inner Teacher
Inner Plane
Interconnectedness
Invisible Guides
Iridology
Isis
Jesus a Way-Shower
Jewish Kabbala
Journey of Life, The
Jungian Psychology/Carl Jung
Jungian Archetypes
Karma (Law of)
Karmic
Keys of Enoch
King Arthur and Court
Kingdom Now!
Krishna
Kroning
Kundalini
Law of One, The
Lemuria
Levitation
Ley Lines
Lord Maitreya
Lotus
LSD and other Mind Drugs
Lucifer Worship (Lightbearer)
Lucifcric Initiation
Lucis Trust
Magic Words (Mantra)
Magic Circle
Magick
Man has Shadow
Man is a god
Mandela
Masons
Material Plane
Meditation
Merlin
Metaphysical
Metaphysics
Mind Control
Montessori Method
Moonies
Mother Kali
Muses
Music for Healing
Mystery Babylon
Mystical Christianity
Naturopathy
Nazism
Necromancy
Networking/Synergy
New Age Music
New Thinking/New Thought
Ninja
Oaths
Occult Toys and Games
Occult
Occult Numerology
Old Religion
Om
One is All
Oneness
Ongoing Incarnation
Orgone
Original Blessing
Ouija Boards
Paganism
Palmistry
Pantheism
Parapsychology
Past Life Analysis
Pegasus
Perennial Philosophy, The
Plan, The
Planetary Ascension
Planetary Commission
Planned Parenthood
Polarity Therapy
Population Control
Positive Confession
Positive Afftrmation
Positive/Possibility Thinking
Positive Christianity
Power Animals
Prana
Presence, The
Pre-Christian
Primal Scream Therapy
Psychedelic
Psychiatry
Psychic Healing
Psychic Energy
Psychics/ESP
Purification/Cleansing of Earth
Pyramid Power
Quiet, The
Ra
Rainbow Bridge
Ram
Ramtha
Real Self
Reality, The
Rebirthing
Reconstructionism
Recycling of Spirits
Reflexology
Regression Therapy
Reincarnation
Religious Science
Restoration Theology
Right Brain/Left Brain Thinking
Rolfing
Rosicrucianism
Rune Stones
S
abbats
Sacred Sex
Sacred Earth
Sacred Psychology
Sai Baba
Sanat Kumara
Satan Worship
Satanic Day Care
Satanic Triangle
Satanic Pentagram
Saturn
Science of Mind
Scientology
Seances/Mediums
Secret Doctrine, The
Secular Humanism
Self-Love
Self-Realization
Seth Writings
Setsun
Sex Magick
Shakti
Shamanism
Shambhala
Shiva
Silva Mind Control
Sink Into Oneself
Solar Logos
Sorcerers
Soul Attunement
Spells
Spirit Helper
Spiritism
Spiritist
Spiritual Plane
Spiritualism
Stonehenge
Sufi Moslem
Sufism
Swastica
Sweat Lodges
Syncretism
Taliesin
Tantra
Tao
Taoism
Tapping In
Tarot Cards
Taste for Mystery
Tattoos
Thanatology
Theosophy
Third Eye
Thought-Forms
Trance State
Trancelike State
Transcendental Mediation (TM)
Transformation
Triangle within a Circle
Trilateral Commission
UFO’s and Aliens
Ultimate Reality
Unicorn
Unitarianism
Unity Church
Universal Mind
Universal Consclousness
Universalism
Urantia Book, The
Values Clarification
Vedas
Vedic Scriptures
Vegetarianism
Vehicle (Spirit)
Vibrations/“Vibes”
Violet Flame, The
Virgo
Visualization
Visualize World Peace
Voodoo
Waldorf Schools
“What goes around comes around”
White Noise
White Brotherhood, The
White Magic
Whole Brain Learning
Witchcraft/Wicca
Witchdoctors
Wizards
Yin-Yang
Yoga
Zen
FOOTNOTES
PART II THE LATE, GREAT CHRISTIAN FAMILY