Christian charity fined for
employment discrimination
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Quotations:
Barbara Hall, Chief Commissioner of the Ontario Human Rights
Commission: "This decision is important because it sets out that when
faith-based and other organizations move beyond serving the interests of
their particular community to serving the general public, the rights of
others, including employees, must be respected."
Tim Bloedow, conservative Christian commentator:"Secular
Humanism is a religion of tyranny not liberty, and it is the source of such
public policy as that which leads to the existence of human rights
commissions. ... These truly are fascistic, irredeemable laws and public
policies. And they need to be resisted vigorously..."
Background:
There is a continual series of disputes in North America relating to
conflicts between:
The ability of religious groups to practice their religion freely,
including their right to:
Discriminate in their employment policies on the basis of gender,
sexual orientation, religion, etc.;
Mount campaigns to limit the human rights of groups within society,
including those with minority sexual orientations;
Limit women's options in sexual health, and attainment of positions
of authority in the family, church and business; and
Promote specific political candidates and denigrate others, while
still retaining their tax exempt status.
The ability of individuals to live a life free of discrimination on the
basis of their race, gender, sexual orientation, religion, sexual identity,
degree of disability, etc.
In both the U.S. and Canada, faith groups are generally allowed to
discriminate against individuals in employment, in ordination, in performing
marriage ceremonies, etc. For example, the Southern Baptists, the
Roman Catholic Church, and other conservative faith groups
discriminate on the basis of both gender and sexual orientation in ordination
and employment, with little or no opposition from the state. Conflicts mainly
surface with para-church organizations-- typically charities identified with a
specific denomination or group of denominations who wish to continue to
discriminate in hiring and retaining its employees.
On 2008-APR-25, www.LifeSiteNews.com
published the following article concerning a decision by the Human Rights
Tribunal of Ontario against an evangelical Christian charity, Christian
Horizons. The agency runs 180 residential homes in Ontario. The Tribunal's
decision involved the charity's employment discrimination against persons on the basis of
their "lifestyle." Employees have had to sign both a statement of evangelical
Christian belief and a "Lifestyle and Morality Statement." One
employee quit after
having been harassed because she became involved in a serious and presumably
sexually active relationship with a person of the same sex.
Life Site News article:
Huge Christian Ministry to Disabled Fined $23,000 For
Rejecting Homosexual Employee
TORONTO, April 25, 2008 (LifeSiteNews.com) - In what is being described as
"another blow to religious liberty" in Canada, the Human Rights Tribunal of
Ontario has ordered a Christian organization to cease using an employment
contract which has staff promise they will not engage in "homosexual
relationships." Moreover, the ruling demands that the organization pay $23,000,
plus two years wages and benefits to a woman who signed onto the contract and
then entered a homosexual relationship and was subsequently dismissed.
In an April 15 ruling, released today, the Tribunal ruled against
Christian Horizons, an Evangelical Christian Ministry that provides care and
residential services to 1,400 developmentally disabled individuals with over 180
residential homes across Ontario, and 2,500 employees.
The ruling which was decided by a single adjudicator - Michael Gottheil -
ruled further that all managers and employees receive a
pro-homosexuality "human rights training program". Christian
Horizons was also ordered to "develop and adopt an anti-discrimination and an
anti-harassment policy" and "review of its employment policies, in consultation
with the Commission" and report to the Commission on its progress, to ensure
that such policies comply with the Code.
The ruling also stated, "No later than six months from the date of this
decision, the respondent, Christian Horizons shall submit a report to the
Tribunal outlining the steps it proposes to take to ensure that its employment
policies are in compliance with the Code".
Connie Heintz, an employee who signed onto the "morality statement" as a
condition of employment, promised not to engage in "homosexual relationships",
among other anti-[conservative] Christian activities such as "extra-marital
sexual relationships (adultery)", "pre-marital sexual relationships
(fornication)", "viewing or reading pornographic material" and "lying".
When Heintz entered into a homosexual relationship and her employers came to
know of it, she claims she was subject to a poisoned work environment and
threatened with loss of her job. She quit her job in 2000.
Christian Horizons is the largest provider of community living services in
the province, funded approximately $75 million annually by the Ontario Ministry
of Community and Social Services.
Commenting on the decision, Barbara Hall, the Chief Commissioner of the
Ontario Human Rights Commission opined, "This decision is important because it
sets out that when faith-based and other organizations move beyond serving the
interests of their particular community to serving the general public, the
rights of others, including employees, must be respected."
The website of the Evangelical group Equipping Christians for the Public
Square, which is run by Pastor Tristan Emmanuel, commented that the ruling
marked, "another blow to religious liberty."
The reference to the employees of Christian Horizons' receiving "a
pro-homosexuality 'human rights training program' appears to be an error.
The Tribunal ordered that:
"The
respondent Christian Horizons shall develop and adopt an anti-discrimination
and an anti-harassment policy as well as a human rights training program for
all employees and managers [sic] within six months from the date of the
decision." 2
That is, a human rights training program
must be adopted that stresses the legal rights guaranteed to all Ontarians of
all sexual orientations: heterosexual, bisexual and homosexual. There is
nothing in the Tribunal's decision that requires Christian Horizons to
teach program that is "pro-homosexuality" i.e. one that would give special
status, recognition or privilege to homosexuals.
Reactions to the Tribunal decision:
Don Hutchinson is the General Legal Counsel and director of Law
and Public Policy at The Evangelical Fellowship of Canada. In an
opinion piece in the National Post -- a conservative Canadian
newspaper -- he drew an analogy between Mother Theresa's ministry and
Christian Horizons:
"Imagine that Mother Teresa and her Missionaries of Charity had been
told that their ministry in the streets of Calcutta was, in essence, not
ministry but 'social work.' In order for the sisters to continue in
their work, they would no longer be permitted to require that staff
members share their beliefs and ministry commitment."
"As bizarre as this may sound, this is essentially what a single
adjudicator acting as an Ontario Human Rights Tribunal recently decided
in the case of Heintz vs. Christian Horizons." 3
Tim Bloedow posted an open letter on the website "No Apologies"
-- a program of ECP (Equipping Christians for the Public Square) Centre
-- titled "OHRC declares war on Christian Horizons (CH)." He urges
Christian Horizons to appeal the decision:
"I pray that God would grant the CH leadership the wisdom and courage
you need to make the decision to appeal the outrageous and ruthlessly
anti-Christian decision made against CH by the Ontario Human Rights
Tribunal."
"The decision against you is just one in a long line of inexcusable
decisions by Canadian human rights commissions against Christians and
some others."
"These commission processes and decisions make a mockery of the
Christian principles of jurisprudence that have helped keep Canada and
other Western nations free for so many decades. Secular Humanism is a
religion of tyranny not liberty, and it is the source of such public
policy as that which leads to the existence of human rights commissions.
... These truly are fascistic, irredeemable laws and public policies.
And they need to be resisted vigorously, not just for yourselves and the
vital Christian-ethics-based ministry you perform for so many real
people, but also for the sake of general freedom and Christian liberty
in Canada."
The Canadian
Council of Christian Charities (CCCC) notes that
Christian Horizons may appeal the decision. If they do, CCCC plans to apply
for intervener status in order to represent the interests of Christian
ministries who wish to continue discrimination in hiring. 5
Campaign Life Evangelical's
spokesperson, Rev. Royal Hamel, likened the situation to George Orwell's
novel '1984' in which the 'Ministry of Truth' indoctrinated its citizens
into believing lies promoted by the state. He said: "It's 2008 and
we've finally reached 1984." 5
Further developments:
2008-MAY-14 (approximately): Christian Horizons is
appealing part of the Ontario Human Rights Commission's recent
ruling. According to the Voice of the Martyrs:
"Christian Horizons stated that it will no longer require employees
to sign the code but plans to appeal the remainder of the tribunal's
order. Opposition political parties have called on the province to
consider pulling funding from the group, claiming that it is unjustly
imposing its beliefs on its employees." 6
References used:
John-Henry Westen, "Huge Christian Ministry to Disabled Fined $23,000
For Rejecting Homosexual Employee," Life Site News, 2008-APR-25, at:
http://www.lifesitenews.com/
Michael Gottheil, "Decision," Heintz v. Christian Horizons, Human Rights
Tribunal of Ontario, 2008 HRTO 22 at:
http://www.canlii.org/
Don Hutchinson, "You can't take the mission out of Christian Horizons,"
National Post, 2008-APR-28, at:
http://www.nationalpost.com/
Tim Bloedow, "OHRC declares war on Christian Horizons," ECP (Equipping
Christians for the Public Square) Centre, 2008-APR-28, at: http://noapologies.ca/
By John-Henry Westen, "Ontario Human Rights Tribunal Ruling Denies
Christian Ministry's Right to be Christian. Ruling has the Christian
community in Canada deeply concerned for religious freedom," Life Site News, 2008-APR-28, at:
http://www.lifesitenews.com/
"Canadian Christian Organization Appealing Human Rights Ruling," The
Voice of the Martyrs, 2008-MAY-14, at:
http://www.persecution.net/ This is believed to be a temporary listing.