Disclaimer: This is not legal advice. This is information that one can find through books, legal documents like cases, and Internet sources. This article specifically relates to the legal system in the United States, but we encourage readers from other countries to research it online. Furthermore, this article specifically discusses how to handle civil matters and does not address criminal offenses which are another matter.

As Christians, we know that the Fall introduced sin and toil into the world, and our workplaces are not immune. One example of such sin and toil in the workplace is discrimination, which is defined as the prejudicial treatment of different categories of people. 

Discrimination is a perversion of God’s character, which is just and impartial; He does not show favoritism. God, according to 2 Timothy 2:13, “cannot deny Himself,” and is a faithful God who does not change. It is He who commands us to be just and impartial in our dealings with people.

So, what would you do if a Christian discriminated against you in some workplace capacity? 1 Corinthians 6:1-8 says that Christians should not bring fellow brothers and sisters in Christ to court over civil matters, of which discrimination would qualify.) 

What does the Bible say

The Bible has a lot to say against discrimination and at the same time tempers our hope in the justice system to eradicate it. Concerning discrimination, it is clear that for Christians, such an act is prohibited.

For example, James 2:1, 9 (CSB) says, “My brothers and sisters, do not show favoritism as you hold on to the faith in our glorious Lord Jesus Christ… If, however, you show favoritism, you commit sin and are convicted by the law as transgressors.”

Discrimination is essentially the sin of favoritism which contradicts God’s character as just and fair. We see this illustrated in Proverbs 11:1, which says, “Dishonest scales are detestable to the Lord, but an accurate weight is his delight.” This demonstrates an aspect of God - justice and fairness - that we should demonstrate in our lives.

Thus, Christians should be fair and just in their interactions with others, but especially in their dealings with other Christians (Galatians 6:10). 

However, discrimination is an unfortunate reality of life in all societies, including American society. While it may be true that Christians should not bring suits against other Christians for discrimination, 1 Corinthians 6:1-8 says nothing about Christians being the victims of discrimination by non-Christians.

For this situation, the American legal system does provide resources to remedy discrimination. However, judges and justices are humans and can make mistakes in the cases they decide.

Ecclesiastes 3:16 says, “I [The Preacher] also observed under the sun: there is wickedness at the place of judgment and there is wickedness at the place of righteousness.” 

Thus, for the Christian, God must be the final hope of justice since His attributes, including his justice, are all perfect. With this caution provided, let’s explore the resources the American legal system provides to remedy discrimination. 

What does our legal system offer

Gender and Race 

The Civil Rights Act of 1964 (also known as Title VII) prohibits discrimination in employment, including but not limited to hiring and firing. This discrimination is prohibited in certain protected classes, including gender and race (the other three protected classes are color, religion, and national origin). Disability discrimination is prohibited under a different statute, so I will discuss it separately. 

One can prove a gender discrimination claim under one or both of the following types of harrassment: quid pro quo and hostile environment. The former refers to the exchange of sexual favors in return for job retention or the retention of job benefits.

The latter refers to unwanted sexual conduct that is severe and pervasive enough to alter the conditions of employment. The three underlined phrases are  elements that must be proven if a sexual harassment claim exists against an employer. 

Racial discrimination is overwhelmingly similar to hostile environment sexual harassment. To prove this in a cause of action, the following needs to be demonstrated: race-based attacks that are unwelcome, sufficiently severe and pervasive enough to alter the conditions of employment. The discriminatory action(s) must also be attributable to the employer. 

Disability 

The prohibition of disability discrimination is found in the Americans with Disability Act (ADA). Legally, a person with a disability is defined as a person who has a physical or mental impairment that substantially limits one or more major life activity.

Furthermore, according to the Equal Employment Opportunity Commission, a person with a disability can have a record of such impairment, or even be perceived as having a disability.

When it comes to disability discrimination, the ADA prohibits discrimination against a qualified individual on the basis of disability, and it also mandates that a person who is qualified for a job cannot be denied it if she can perform the essential functions with or without a reasonable accommodation.

Employers must make reasonable accommodations for people with disabilities to perform the job and/or make the workplace accessible unless it poses undue hardship. However, it must be noted that the employee must ask for a reasonable accommodation. 

Thus, the causes of action available to a person with disabilities are as follows: not being hired on the basis of a disability, or not being provided with a reasonable accomodation after having asked for one.

Having discussed some relevant types of discrimination, one can ask how to remedy it. That’s what the next section will discuss. 

Reporting Discrimination 

The Equal Employment Opportunity Commission (EEOC) is an administrative agency that covers discrimination in the workplace as a civil rights issue.

Every jurisdiction in the United States will have an EEOC office that you can file your complaint with, filing out in detail a “charge sheet” that lists your demographic information, your employment information, and the dates of the incident and the incident(s) itself. This must be done in a timely matter so the case can be investigated.

 After the complaint has been filed, the EEOC will send a notice of the complaint to the employer. Furthermore, both the employee and the employer may go through mediation where a mediator will try to help both parties resolve the dispute.

If this does not work, the EEOC will require the employer to file an answer to the employee's charge and investigate the claim. The employee can respond to the answer. 

If the EEOC cannot determine if the law was violated in a case, they will send the employee a Notice of Right to Sue in court. If it does determine the law was violated, they will try to negotiate a settlement with the employer.

If a settlement cannot be reached, the EEOC will refer the case to their legal staff who will decide if the agency should file a lawsuit against your employer. If the EEOC does not file a lawsuit, they will send a Notice of Right to Sue. 

Reflection

Considering all of the above remedies must be exhausted before a lawsuit can be filed, I would think it would be ethically permissible to file a complaint against a Christian employer. However, I do not think it is obligatory; after all, the employee (or potential employee) could forgive the employer and let the matter go.

Moreover, the employer could rectify the situation before the hearing or court proceedings happen. However, forgiveness does not mean that justice cannot be pursued; God forgave us of all our sins but placed all of them on Jesus, thus satisfying the requirements of justice and mercy.

An application of this could be having the issue resolved at the administrative levels before proceeding with court proceedings; the former does not require the filing of a lawsuit. 

Discrimination in the workplace is in the end a sin that breaks the heart of God. It is my hope that the information in this article will be helpful. While it is hard to imagine that Christians would discriminate against each other in the workplace, as an exercise, it is helpful to walk through this possibility.

While examples of discrimination do not compare to all the sins of the world being placed on Christ, it is still something to consider. Discrimination in the workplace results in direct economic damages since you’re at threat of losing your income.

Ultimately, this is a decision that must be made after much prayer and discussion with wise Christian counsel. 

ABOUT THE AUTHOR

Ozi Ojukwu is a girl who is learning everyday what it means to fall deeper in love (devotion) with God. A graduate of Cedarville University and a freelance reporter for Koinesune Magazine, she loves reading books, writing poetry, fiction, and creative nonfiction to glorify God (check out her Instagram at @prosophilesvox), and listening to Christian music in a wide variety of genres. Her hope is that every Christian would revel in the reality that they are sons and daughters of God and thus live in love instead of fear.