Accessibility Tools

Skip to main content

The Latest      —

You’d Better Believe That Atheists Are Protected From Religious Discrimination

Written on .


A case out of Kentucky reminds us that religious discrimination claims can be asserted by atheists who are subjected to harassment on the basis of their beliefs. In Queen v. City of Bowling Green , W.D. Ky., No. 1:16-CV-00131, (7/20/18), a firefighter sued the City of Bowling Green, Kentucky for religious discrimination. The firefighter, who is an atheist, alleged that supervisors and co-workers made hostile and demeaning remarks concerning his atheism and about non-Christians generally, and that the harassment was so severe that he was eventually forced to resign his employment. Among the remarks he alleged were a fire captain's statement that theists "deserved to burn," and two chiefs told him that he should join a church and "get right with Jesus." In addition, he was forced to participate in Bible study during meals at his fire station.

The district court denied the City's motion for summary judgment, sending the case to a jury trial. In his decision, the District Judge wrote that "[a]lthough atheism is the absence of religious beliefs, it is still a protected class for purpose of Title VII." Other federal courts, including the U.S. Courts of Appeals for the Fifth and Seventh Circuits, have held that Title VII protects atheist employees against religious discrimination. For example, the Fifth Circuit ruled that an employer unlawfully required an atheist to attend staff meetings that including religious talk and prayer.

The takeaway: Employers should respect the religious beliefs of their employees, and in some cases, make reasonable accommodations for those beliefs.

Kathleen J. Jennings
Former Principal

Kathleen J. Jennings is a former principal in the Atlanta office of Wimberly, Lawson, Steckel, Schneider, & Stine, P.C. She defends employers in employment matters, such as sexual harassment, discrimination, Wage and Hour, OSHA, restrictive covenants, and other employment litigation and provides training and counseling to employers in employment matters.

Related Content

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.

Recent Content

end of words, pavement
The Trump Administration has acted to terminate TPS status for several countries.  Of course, litigation has followed each notice of termin…
we are hiring sign
The Economist magazine reports that job interviews are “the worst way to select people, except for all the others.”  One of the more encour…
fighting rams
Of primary importance is that the best avoidance is to recognize the early warning signs.  In other words, at the beginning of a confrontat…
shutdown, washington
A good amount of publicity has come out recently about two major closings that employers blame on their unions.  In the most recent, at the…
gavel
In December of 2025, an Oregon federal judge refused Union Pacific’s effort to set aside a $27 million verdict in a suit from the worker al…
hello
Discrimination rules applicable to national origin is a priority for the current chairperson of  the Equal Employment Opportunity Commissio…