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.