Is it illegal to wish your coworkers Merry Christmas? As the decades pass, Americans are become more and more secular with larger portions of the population not identifying with any religious affiliation. We are also more diverse than ever before, with some groups struggling to cope with the change in religious landscape as the United States become a less Christian country. While claiming a ‘war on Christmas’ because seasonal cups at Starbucks don’t say “Merry Christmas” may be a bit of an over-reaction, our shifting demographics do bring up some interesting legal questions.
But how does this affect you legally in the workplace?
Your employer does not have the right to force you to celebrate a particular holiday.
This includes being forced to say “Merry Christmas” or another religious greeting to customers (except maybe department store Santa). You can use more generic greetings with customers or just continue as your usual smiling self without referencing the holidays.
In the same vein, you cannot be forced to attend a holiday party, dress up as a specific Christmas character, or be forced to entering a desk decorating contest.
You do have the right to request specific religious accommodations.
If you need time off for a specific day or days for your own religious accommodations, you have the right to be granted them as long as it does not put undue inconvenience on the employer.
But what if you *do* celebrate Christmas and want to celebrate the holiday cheer?
If you celebrate Christmas and are talking to someone else you know celebrate Christmas in the workplace, feel free! Likewise, if you know they are Jewish, “Happy Hanukkah!” is appropriate. The main issue in the workplace is that inclusivity is pro-business. Alienating your customers is a good way to ruin your business. Using “Happy Holidays” isn’t anti-Christmas; it includes Christmas, Hanukkah, Kwanzaa, and Winter Solstice. As an employer, the easiest way to ensure both your employees and customers/clients are comfortable interacting with your business is to not alienate anyone.
Thank you for visiting the Gabriella Young blog, an Austin criminal defense lawyer. We write to inform locals about law changes, events and news.