News, Views and Careers for All of Higher Education
March 2, 2006
In an attempt to avoid violating civil rights laws, the University of Charleston has made changes to a controversial job requirement the stated that applicants for the Herchiel and Elizabeth Sims “In God We Trust” Chair in Ethics must believe in God.
“It was a mistake,” Edwin H. Welch, president of the West Virginia university, said Wednesday. “We didn’t know that we were violating the law. The wording just didn’t come out well.”
The words that were especially problematic, according to legal scholars, were those that stated candidates “must embrace a belief in God and present moral and ethical values from a God-centered perspective.” The full advertisement first appeared Monday and for a portion of the day on Tuesday.
Ian Ayres, a professor at Yale University Law School and expert on civil rights, said Tuesday that because the University of Charleston is a private, non-religious employer, the job requirements appeared to violate the Civil Rights Act, which says that an employer may not “fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.”
Welch explained that administrators, upon consulting with lawyers, decided to change the controversial wording to read, “The candidate must have the ability to teach moral and ethical values from a God-centered perspective.”
He said that agnostics or atheists, if they apply for the job, would be considered equally as candidates who believe in God. “A Christian can teach Muslim studies, so I don’t see why an atheist couldn’t teach about God,” he said. He added that the requirements were made by the institution, not by any one individual.
Erwin Chemerinsky, a law professor at Duke University and expert on constitutional law, said that the restated requirements put the university on safer legal ground. “So long as they do not discriminate on the basis of religion, it’s permissible,” he said.
Welch said that the original language was suggested by members of the Sims family, which donated $1.4 million to create the chair three years ago, in the interest of promoting the values of the Unites States’ motto “In God We Trust.” The chair will keep the name in the original job description, which contains that motto.
“The Sims’s interest is to have people know the motto of the U.S.,” said Welch. “They want to help people understand what that motto is — it’s more patriotic than spiritual. If people are offended by it, so be it,” he said. “I would hope people would not take offense with the motto of the Unites States.”
Herchiel Sims could not be reached for comment on Wednesday, but Welch said he was confident that the donor would not revoke the donation.
Chemerinsky said that the “In God We Trust” label “is not likely to be legally objectionable” because, under the new job requirements, a person who doesn’t trust in God could be hired for the position.
Want it on paper? Print this page.
Know someone who’d be interested? Forward this story.
Want to stay informed? Sign up for free daily news e-mail.
Advertisement
This is ONE NATION UNDER GOD so why can`t UC advertise for an instructor who believes in God? Lord please forgive them.
Al Campbell, Christian at Presbyterian, at 9:05 am EST on March 2, 2006
Say, Al, are you with Horowitz when he complains about ideology in the classroom? If you are, you need to bite the bullet on this one, because insisting on a particular ideology in the job application for a teaching position is a pretty clear indication that one expects the teaching to be based in that ideology.
If you’re not a Horowitz supporter, well, freedom of religion just about has to include freedom from religion if it’s to be freedom at all, and the Bill of Rights is rather more binding than the back of a dollar bill (though perhaps not as useful in obtaining new legislation).
Thane Doss, at 9:40 am EST on March 2, 2006
I think UC is a private institution and can hire who they want. If one doesn`t care for the school they shouldn`t send their children to the school.
Al Campbell, at 11:00 am EST on March 2, 2006
Nothing in the piece shows conclusively that the job requirement as it previously stood was illegal. Likewise nothing in the piece shows with finality that the job description as it stands now is NOT illegal. Thus do opinions mutate into brute fact. Thus does journalism become advocacy.
ClioSmith, Associate Professor at Trinity Bible College, at 11:00 am EST on March 2, 2006
Al, I am curious as to where you the notion as to the US being “on nation” under god, and how that trumps any first amendment issues.
Clio, The issue of whether something is ultimately legal or illegal is quite a difficult one and usually requires litigation and ultimately enforcement. When individuals, business or government entities attempt to comply with the law they only do so in “the shadow” of what prior enforcement. In some areas there is a lot of guidance. In some areas there is not. Ironically, in areas where the is a large bureaucracy, individuals can easily obtain guidance, on, at the very least, the government’s perspective on whether something is legal or not – especially when enforcement is exclusively or mostly by the executive (such as tax). But, in areas which are left mostly to the courts to figure out, and private enforcement is the norm (such as constitutional issues) all people have to rely on is a bunch of court opinions, scholarly works, and a few blogs.
Larry, at 11:55 am EST on March 2, 2006
This case demonstrates how the Civil Rights Act goes too far. Private entities shouldn’t be held to the same non-discriminatory standards as the government.
Samwise, at 1:20 pm EST on March 2, 2006
The original National Motto was “E Pluribus Unum.” This was on the Seal, whereas references to trust in God only appeared later on coinage. The motto was changed in the ’50s to advance the distinction between ‘atheistic communists’ and noncommunists.
To sustain this change, the courts have assiduously attempted to argue that the motto is not ‘religious’ — that it has nothing to do with God, a god, gods, etc. If the language is taken to mean anything about ‘religion’ in general or Christianity in particular, this implies a violation of the First Amendment.
As to the rights of ‘private entities:’ I wonder if anyone [still] wants private landlords to be able to refuse housing to people based on their religion or lack thereof, or on their race or ethnicity, etc. Does anyone [still] want private employers to be able to refuse to hire [or to fire] people based on their religion or lack thereof, their race or ethnicity, etc.? I can only hope not.
Christine S, at 1:35 pm EST on March 2, 2006
Samwise, Why not ? Which group do you want to discriminate against. (I want to discriminate against all religions except Scientology.)
Larry, at 1:35 pm EST on March 2, 2006
Well, this school feels that religiosity is a part of the job description for the Chair of Ethics, which is a perfectly defensible position if you are going to allow them the smallest bit of room to define their philosophy of higher education. They want to discriminate on the basis of religion.
I am not in the position to be hiring and firing anyone because I am not a business owner. If I was I would probably want to discriminate on the basis of religion too, for a plethora of reasons. I think it is a good “indicator” of a person’s work ethic and life outlook. Frankly, I also enjoy the company of people with the same spiritual outlook as myself.
Do we need an act of the federal government stopping business owners from making their own standards? If a company is big enough, consumers can easily put pressure on it to voluntarily meet certain standards. If a company is small, who cares? If Bob’s Lawncare wants to hire only members of the Church of Bob, Reformed, then that’s fine with me.
Congratulations, Baby Boomers: You’ve defeated racism, sexism, and every other serious form of discrimination. As evidence of this I present to you the growing number of free-thinking youngsters who are wondering what the big deal is about a little private discrimination.
Samwise, at 3:00 pm EST on March 2, 2006
Samwise, I agree. Only Muslims and Scientolgists have the required ethics and morals to hold a job. (I assume that you consider these to be the truth faiths, right?)
As a practical matter, for years many professions were closed to Jews. This seems to be what you want to go back to.
Anyway, there is nothing immoral or wrong about lying about your religion in the US. Anyone can do it. I don’t believe in your god, but I have told people that I did. They can’t prove it.
The beauty of it, is that it is impossible to prove or disprove a person’s religion. Therefore, I seriously doubt that anyone was actually discriminated against.
Which brings me to another point. In most other wrongful termination claims (for, say, age, sex, whistle-blowing, etc.), employers claim that they were right in terminating someone because they lied in their resume or during the hiring process. Could this institution claim that they can fire anyone they want solely because they didn’t “really” believe in Allah or L. Ron Hubbard? Which is it?
Larry, at 3:30 pm EST on March 2, 2006
Today, wholesale discrimination against particular groups, even in a single profession, would be very unlikely even if it were legal. That aside, I think you are unreasonable in saying that it even “seems” that I want society to go back to widespread anti-semitism.
I’d like to see the University be able to fire whomever it pleases so long as it doesn’t break a contract it entered into voluntarily. I don’t care whether they even give a reason.
The difficulty you point out in confirming a person’s religious conviction only goes to show how inappropriate it is to try to legislate religious discrimination in the workplace.
Sam, at 4:20 pm EST on March 2, 2006
“Congratulations, Baby Boomers: You’ve defeated racism, sexism, and every other serious form of discrimination. As evidence of this I present to you the growing number of free-thinking youngsters who are wondering what the big deal is about a little private discrimination.”
If, in fact, Baby Boomers had defeated every serious form of discrimination, there would be no need to discuss ‘private’ discrimination. The defeat of bias would entail that people are no longer likely to discriminate privately any more than ... is the government?
There really is not much sense to the idea of ‘private discrimination’ if we are talking about denying housing, jobs, etc. to *other persons* — persons who, by hypothesis, desire the housing, jobs, etc. being denied to them. And of course, to those being thus discriminated against, the issue is hardly one of ‘wholesale’ versus ‘little’ discrimination. A little is all it takes.
By the way, who are all these ‘free-thinking youngsters’? (A rhetorical question.)
Christine S, at 5:30 pm EST on March 2, 2006
Widespread discrimination of racial or gender groups is a symptom, and a symptom only, of a deeper societal ailment.
But some forms of discrimination are perfectly benign. Landlords who don’t want to rent to people with dogs are within their rights. That is discrimination. Credit card companies won’t give a credit card with a 20K limit to someone without any income. That is discrimination. A world without any form of discrimination is a world of people without the ability to reason. Putting things into categories in the mind is the basis of abstract thought.
Really consider this for a moment. If you urgently want to live in that apartment, you will get rid of your dog. If you urgently want to have a credit card, you will work. If you urgently want to be the Ethics Chair at Charleston, you will get religion.
Its a private University that doesn’t owe anything to anybody. There is nothing unjust about the requirement. The Civil Rights Act, therefore, goes too far.
Samwise, at 10:55 am EST on March 3, 2006
Blah, blah, blah, blah, blah blah blah.
AL, at 3:35 pm EST on March 3, 2006
The reactionary comments on this thread are a pretty good indication of why we continue to need the protections ensured under the Civil Rights Acts and the Constitution. UC was in violation of the law when it posted that job description. I’m glad they have now decided to comply with the law of the nation which they claim to be so concerned about.
Jeff, University of North Carolina, at 4:15 pm EST on March 3, 2006
I fail to see what’s reactionary about these comments. It’s a private university. No one has to work there. No one has to send their kids there. No one has a right to a job there. The college could decide to rescind the entire job tomorrow, and there would be one less job in academia for a professor who wants one. Is that a better state of affairs? Just because a private university doesn’t engage in the hiring practices you think they should does not prove that we need laws to force them to do so. People don’t need to be forced to associate just because you, personally, think it’s a moral good.
Lisa, University of North Carolina, at 8:25 pm EST on March 3, 2006
Lisa, The reasons is, is that Congress, for better or worse passed a law. Now, I realize that a lot of people don’t want to work alongside blacks and Jews. (They have much worse words for them), but Congress, for better or worse, decided that it was better to use its powers under the 14th amendment to give everyone a fair shake, then to let people discriminate on the basis of race or religion. Now, granted, there are religions I don’t like, and most academics, in their hearts of heart will confess that they feel uneasy with people from some races. Indeed, most people I know have not dated people of every race. But Congress, for better or worse, decided that in order to keep up the charade of giving everyone a fair shake, merely being black or Jewish won’t keep you from getting a job.
I don’t see your point about why the law should be violated (or why some Democratic principle should be disregarded) solely to make one more job in academe. Would, for example, it be acceptable for a school to own a few slaves, just to preserve a job in academe? (Many people thought that slavery was natural and part of the free market, until an activist president and Congress changes this.)?
Larry, at 10:20 am EST on March 4, 2006
Advertisement
or search for jobs directly.
The University of Minnesota is a premier employer and a talent magnet attracting leading faculty and staff from around the ... see job
The Bagley College of Engineering at Mississippi State University is seeking candidates for the Head of the Department of ... see job
Salem State College is an equal opportunity / affirmative action employer. Persons of color, women and persons with ... see job
Established in 1974, The College of The Bahamas, the national higher education institution of The Commonwealth of The ... see job
Howard Community College is building a pool of applicants for adjunct faculty positions in Continuing Education in the areas ... see job
Rosemont College, a private liberal arts college located in Philadelphia’s beautiful Main Line, is seeking an Assistant ... see job
General Purpose
Reporting to the Executive Director of Facilities Operations Infrastructure, and with broad ... see job
Georgia Gwinnett College, the 35th member of the University System of Georgia, is a premier 21st century four-year liberal ... see job
Hillsborough Community College is a public, comprehensive multi-campus, state-supported community college located in the ... see job
Salem State College is an equal opportunity / affirmative action employer. Persons of color, women and persons with ... see job
And now, people will blame the ACLU for “intimidating” them.
Larry, at 8:10 am EST on March 2, 2006