Navigating Employment Law for “Christian Owned and Operated” Businesses ()
ABSTRACT
Tens of thousands of individual businesses across the United States
fervently profess they are “Christian owned and operated”. The
law protects these businesses’ right to make such a declaration. However, by
making a public faith statement, leaders of these businesses fear they are
inviting attention from activists who object to their religious stance. Regardless
of this perception, repeated violations of the law make it clear faith-focused
businesses are taking actions that are creating genuine legal liability. One
area of acute vulnerability is employment law. Declaring religious values is
permissible, but merely the perception employment decisions have been guided by
faith tenets could expose an organization to lawsuits. Navigating employment
law while still staying true to their Christian identity presents a unique
challenge to so-called Christian owned-and-operated businesses. It is therefore
crucial the leaders of these organizations understand what the law requires, how
to stay compliant while exercising their own religious rights, and how to best
protect themselves from damaging legal action. This study conducted an
extensive literature review to synthesize lessons and advice from both the
latest academic literature and case law to develop a set of pragmatic guiding
principles all Christian owned-and-operated
businesses should apply for employment practices and policy.
Share and Cite:
Kendall, M. and Johnston, S. (2023) Navigating Employment Law for “Christian Owned and Operated” Businesses.
American Journal of Industrial and Business Management,
13, 46-67. doi:
10.4236/ajibm.2023.132004.
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