Judge Favors Christian Fired for Refusing Company's Pro-Homosexual Policy

by Fred Jackson and Jenni Parker
April 7, 2004

(AgapePress) - A Christian legal group says a court victory for a Colorado man fired by AT&T could set a precedent for the rights of Christian employees in the workplace.

A federal judge has awarded nearly $150,000 to a man who was fired by AT&T Broadband for refusing to sign a diversity policy requiring him to value the beliefs of others, including homosexuals. In a Friday ruling, Judge Marcia S. Krieger of the U.S. District Court in Colorado directed the company to recompense former employee Albert Buonanno of Denver for lost salary, 401k matching contributions, and emotional distress.

Although the judge did not find AT&T Broadband guilty of any direct religious discrimination against Buonanno, she did find that the company failed to show it could not have accommodated his religious beliefs without "undue hardship," as employers are required to do under the Civil Rights Act.

The Rutherford Institute, a legal group that argues many cases involving religious liberty, represented Buonanno in his suit. Institute president John Whitehead says at issue in this case is more than just an objection to homosexuality. It concerns the freedom of conscience, he says; the right of individuals to object to something they believe is wrong, especially when it contradicts their religious ideals.

Associated Press reported that the judge, after hearing the arguments, agreed with Buonanno and his attorneys that his former employer "could not require him to value the behavior and beliefs of others -- notably homosexuality -- if doing so violated his own Christian beliefs."

Conscience v. Political Correctness: A Case History
In 2001 Buonanno, who had been with the telecommunications company nearly two years, objected to the language of a directive in its newly issued employee handbook. It required all employees to "fully recognize, respect and value the differences among all of us," including differences in sexual orientation.

Buonanno said he was willing to pledge not to discriminate against or harass anyone, but he felt that he could not in good conscience sign the "certificate of understanding" agreeing with the new policy. As a result, he was fired. The former employee chose to sue because he feels a company should be able to expect certain behavior from its employees, but should not be able to force its beliefs on them.

"Buonanno said that as a Christian he loves and appreciates all people, regardless of their lifestyle," an AP report notes, "but he says he cannot value homosexuality and any other different religious beliefs. That was one of his main concerns and the reason he refused to sign the diversity pledge that AT&T Broadband had asked him to."

Although this case was related to corporate "sensitivity training," in many ways the court's ruling suggests that here the corporation failed to show adequate sensitivity to its Christian worker. However, AP correspondent Eric Daigh points out that the judge apparently decided the company had not made enough of an effort to explore and respond to the objecting employee's concerns.

"The court found that if AT&T Broadband had gathered more information about Buonanno's concerns before they simply fired him, that they might have found it was possible to relieve the conflict with a reasonable accommodation," Daigh says.

A spokesman from Comcast, which now owns AT&T, told the Washington Times the company is disappointed with the ruling and may appeal. Comcast officials feel the decision ignores companies' efforts to "foster diversity and nondiscrimination in the workplace."

Whitehead says he expects to see more challenges to the so-called "sensitivity training" that many companies require their workers to undergo or commit to in order to create a work environment where diversity is accepted and valued. The public interest law firm's president hopes the court decision in Buonanno's case will embolden other Christian workers to challenge similar company policies that contradict their religious beliefs, whether those involve war, abortion, homosexuality, or other issues.