You may have heard of NFL Free Agent Colin Kaepernick. You may know him for his playing abilities, or you may know him for his beautiful hair. However, many of you know him as “the Kneeler” for his stance on the flag, and on the National Anthem. What does this controversial topic have to do with your business? It’s simple. Your business is about your people, and people come from every walk of life, including those that do not share your experiences.
For example, I grew up as a Jehovah’s Witness. Standing at attention, saying the Pledge of Allegiance and singing the National Anthem were not activities that I was ever encouraged to engage in at home. Quite the opposite, in fact. I still recall standing outside the Kindergarten classroom with the other children of Witnesses, who were equally charged with maintaining our religious beliefs by not pledging our allegiance to a flag. Due to that experience, I had little to no discomfort observing Mr. Kaepernick’s peaceful and quiet demonstration of individual choice. Obviously, many Americans did not share my indifferent attitude toward this display.
In addition, with a few notable exceptions, most Americans are not required to pass a patriotism test just to go to work. Consider, if you will, whether your workplace demands that you stand, publicly, sing the National Anthem and salute the flag before you open your first email in the morning. Imagine, if you will, that your next contract renewal, or your continued at will employment, depended upon your willingness to engage in this activity. Perhaps this does not bother you at all. However, many others disagree. Just because they may not be members of the dominant culture does not mean that the workplace cannot accommodate their needs.
The problem with making a knee jerk determination about employment matters, based upon the prevailing culture, is that sometimes those decisions can cost you. Take, for example, the decision by Abercrombie and Fitch, where the company refused to hire a potential employee because she wore the hijab. the U.S. Supreme Court held that “an employer may not refuse to hire an applicant if the employer was motivated by avoiding the need to accommodate a religious practice. Such behavior violates the prohibition on religious discrimination contained in Title VII of the Civil Rights Act of 1964. According to the Supreme Court, “an employer who acts with the motive of avoiding accommodation may violate Title VII even if he has no more than an unsubstantiated suspicion that accommodation would be needed.” The court continued that “… to accommodate a religious practice is straightforward: An employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions.” To date, the company has paid $25,670 in damages to Elauf and $18,983 in court costs. Can your small business absorb that type of judgment without issue?
In addition, you run the risk of having to examine an employee’s motives. Mr. Caepernick’s actions are arguably religious, in nature, and are under the auspices of his religious leader. Could he, or would he, decide to sue NFL owners who passed on his talents for a lower ranking quarterback? This remains to be seen.
However, the greatest problem with refusing to accommodate differences in the workplace is an opportunity cost. You cannot control market forces. Presently, market forces have dictated that Islamic fashion is one of the fastest growing fashion markets in the world. In particular, Islamic fashion lends itself to high-end fashion. Abercrombie and Fitch had an opportunity to buy into that market, by having representatives in its stores who understood it from the inside and could have advised the company on how best to capitalize on the opportunity.
Likewise, the NFL is suffering its own version of an opportunity cost following the events in Charlottesville, VA. There appears to be a national awakening that extremism and inequality in our country are problems that must be addressed. Now, rather than having a prominent member of the NFL who fully understands the issues of the day, and already has credibility with players and fans alike on this issue, the owners have set themselves at odds with Mr. Kaepernick, and with his cause. Now, amid the growing protests, including one that is planned for NFL headquarters, and threats of boycotts, they appear to instead be symptomatic of the problems inherent in our culture.
The differences found in the workplace can run the gamut. A Catholic person may work alongside an Atheist, a Jewish person may work alongside a Muslim, an avowed carnivore may share a lunch table with a vegan and an extrovert may share office space with a person with social anxiety disorder. Such dichotomies are not at all uncommon, and they are all to be accommodated. Don’t make the mistake of choosing sides in an unwinnable argument. As one business professional once told me, “We want everyone’s money. There is little to be gained from alienating potential customers.”
So, when you consider Colin Kaepernick, and your blood begins to boil, consider your business, instead. The employees, potential employees and people in the marketplace for your services who disagree, and their myriad reasons for doing so, may surprise you.