IT'S OK TO SAY MERRY CHRISTMAS

Every Christmas season, groups like the ACLU, Americans United for Separation of Church and State, etc. try their best to convince Americans that it is illegal to simply say "Merry Christmas." That is simply not so. The issue is much more complicated than that and Christians still have a great deal of freedom in this area if they CHOOSE to exercise it.  I am going to to share the guidelines published by the American Center for Law and Justice on this issue later but would first like to offer a few bullet point suggestions:

1.  If you are a private business owner you are pretty well free to do whatever you choose provided you do not force any employee to say or do something they choose not to.

2.  If you are an employee, you are free as an individual to share Christmas greetings and even put up Christmas decorations in your individual workspace so long as you are not disruptive and do not harass other employees by sharing your greetings.

3.  If you are a customer or client, you are free to share Christmas greetings and I encourage you to do so in your daily business.  Every time a clerk or waitress says, "Happy Holidays" to me, I make it a point to smile warmly and say, "Merry Christmas."  When there is time and especially with people I regularly do business with, I smile and warmly say, "I prefer Merry Christmas."  Always leave a nice tip if appropriate when you do this.

Here is the ACLJ's advice on this issue:

While the First Amendment to the United States Constitution limits the government’s ability to promote religious views, it is not applicable to private businesses. As such, private businesses have a much freer hand to include religious-themed components of the Christmas season in displays, advertisements, etc. without having to be concerned about off-setting them with more secular aspects. For example, a business may include a Nativity scene or play Christmas music on its property without violating the law.

Employers of private businesses are free to recognize Christmas provided that such recognition does not violate federal, state, or local employment statutes. 42 U.S.C. § 2000a prohibits discrimination against potential customers on the basis of religion. In addition, Title VII of the Civil Rights Act of 1964, which applies to employers with 15 or more employees, forbids discrimination against an employee on the basis of religion. 42 U.S.C. § 2000e et seq. This prohibits treating employees differently due to their religion as well as various forms of harassment based on religion. See generally Burlington Industries v. Ellerth, 524 U.S. 742 (1998); Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986).

As explained in the Equal Employment Opportunity Commission’s Guidelines on Discrimination Because of Religion, employers are also required under Title VII to reasonably accommodate employee religious beliefs unless doing so would impose an undue hardship on the employer’s business interests. 29 CFR 1605.2. This includes accommodations such as swapping shifts and flexible scheduling for employees who wish to participate in religious celebrations and holidays. See, e.g., Willey v. Maben Mfg. Co., 479 F. Supp. 634 (N.D. Miss. 1979).

The law does not prohibit businesses from referencing “Christmas” or other holidays.  So long as an employer makes reasonable accommodations for employees who have religious objections to activities such as saying “Merry Christmas,” wearing Christmas themed clothing, or putting up Christmas decorations, the employer will not be violating the law. See, e.g., Wilson v. U.S. West Commc’ns, 58 F.3d 1337 (8th Cir. 1995); Pruitt v. Metcalf & Eddy, Inc., 2006 U.S. Dist. LEXIS 293 (S.D.N.Y. 2006); Velez-Sotomayor v. Progreso Cash & Carry, Inc., 279 F. Supp. 2d 65 (D.P.R. 2003); Kentucky Comm’n on Human Rights v. Lesco Mfg. & Design Co., 736 S.W.2d 361 (Ky. Ct. App. 1987).

Likewise, employees should be permitted to display Christmas or other religious items and invite fellow employees to Christmas or other religious events to the same extent that employees are permitted to do so for nonreligious items or activities.  Employees should be treated equally regardless of whether the content of their speech is religious in nature, as long as they are not disruptive or in violation of company anti-harassment policy. See generally Brown v. Polk County, 61 F.3d 650 (8th Cir. 1995). An employer retains the authority to prevent an employee from sharing his or her religious beliefs in an aggressive or harassing manner.

Finally, an employer is free to share his or her beliefs about Christmas or other religious topics with employees as long as they know that continued employment or advancement within the company is not conditioned on acceptance of the employer’s beliefs. For instance, courts have held that an employer does not discriminate against an employee by sharing the gospel with him and inviting him to church, or by handing him a religious booklet, at least where the employee has not previously objected. Taylor v. Nat’l Group of Co.’s, 729 F. Supp. 575 (N.D. Ohio 1989); Meltebeke v. Bureau of Labor & Indus., 903 P.2d 351 (Or. 1995). Employers must be careful, however, not to persist in sharing their religious beliefs if the employee objects, or to give employees the impression that agreeing with the employer’s religious beliefs will help their prospects for a promotion. Brown Transport Corp. v. Human Relations Comm’n, 578 A.2d 555 (Pa. Commw. Ct. 1990).

http://aclj.org/christmas-holiday/christmas-resource-center