LJ-SEC: (ORIGINALLY POSTED BY sunfell)

This AmericaBlog article talks about an interesting interpretation of the 1964 Civil Rights Act:

Target reinterprets 1964 Civil Rights Act to give religious bigots full rights against YOU
by John in DC - 10/24/2005 02:52:00 PM

Target has just done what 40 years of religious right advocacy couldn't. They've now reinterpreted the 1964 Civil Rights Act to include permitting individual religious right bigots to discriminate against YOU in public accommodations so long as they claim that discrimination is based on their religion.

What that means? Target is claiming the 1964 Civil Rights Act gives their employees the right to do whatever they want to any customer so long as the employee claims their actions are motivated by their religion. Funny, but when we studied civil rights in law school, I don't remember that section of the Civil Rights Act.

Here's what Target is saying, then read my analysis below:

Dear Dave,

Target is extremely disappointed that Planned Parenthood is spreading misleading information about an alleged incident at a Target pharmacy in Missouri and our policies on emergency contraception. The accounts being reported are inaccurate and exaggerated. Our policy is comparable to that of many other national retailers and the recommendations of the American Pharmacists Association.

Target consistently ensures that prescriptions for emergency contraception are filled. As an Equal Opportunity Employer, we also are legally required to accommodate our team members' sincerely held religious beliefs as required by Title VII of the Civil Rights Act of 1964. In the unusual event that a Target pharmacist's sincerely held religious beliefs conflict with filling a guest's prescription for emergency contraception, Target policy requires our pharmacists to take responsibility for ensuring that the guest's prescription is filled in a timely and respectful manner. If it is not done in this manner, disciplinary action will be taken.

Target abides by all state and local laws and, in the event that other laws conflict with our policy, we will follow the law.

We appreciate the opportunity to clarify our position and correct misinformation.

Sincerely,

Jennifer Hanson
Target Executive Offices

Now, the 1964 Civil Rights Act certainly does protect religious folks against discrimination in the workplace. But the kind of discrimination it refers to would be, for example, Target saying "we're not going to hire Christ killers," or, "man we hate those Baptists, none of them get promoted at Target." Yes, that would be illegal under the '64 act.

But Target is now saying, outright, that the 1964 Act covers any action a Target employee takes so long as the employee claims the action is motivated by his or her religion. Though, then they turn around and say that their religious employees have no such rights at all (see further down).

As mentioned before, Target's explanation above would appear to sympathize with Target Christian employees who don't want to serve Jews - or at the very least, the Jewish person's right to a public accommodation under the Civil Rights Act would be equaled in gravity to the employee's religious right to hate Jews. Could Target's fundamentalist employees who hate gays tell them to leave the store?