[Congressional Record Volume 140, Number 89 (Tuesday, July 12, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: July 12, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 
AGENCIES APPROPRIATIONS ACT, 1995 AND SUPPLEMENTAL APPROPRIATIONS, 1994

                                 ______


                                speech of

                            HON. JOE BARTON

                                of texas

                    in the house of representatives

                         Tuesday, June 28, 1994

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 4603) making 
     appropriations for the Departments of Commence, Justice, and 
     State, the Judiciary, and related agencies programs for the 
     fiscal year ending September 30, 1995, and making 
     supplemental appropriations for these departments and 
     agencies for the fiscal year ending September 30, 1994, and 
     for other purposes:

  Mr. BARTON of Texas. Mr. Chairman, I rise in strong support of the 
Taylor-Wolf amendment to the Commerce, State, Justice Appropriations 
bill.
  This amendment will prevent the Equal Employment Opportunity 
Commission [EEOC] during the next year from implementing the proposed 
guidelines covering harassment based on religion. Its passage will help 
protect the Constitutionally protected religious liberty we all enjoy.
  In an effort to protect the nonbeliever, the EEOC's proposed rules 
have overlooked the rights of the religious to freely express their 
beliefs. I believe the EEOC has a statutory responsibility to enforce 
the laws against prejudice in hiring, promotions and other aspects of 
employment on the basis of an employees's religious affiliation or 
beliefs. Nevertheless, the regulations proposed by the EEOC go much 
further than what the law or common sense requires.
  Because the guidelines are so subjectively written, for an employer 
to follow them to the letter without fear or legal action, ``religion 
free'' workplaces would have to be created. To permit these guidelines 
to be implemented with the category of religion included is to invite 
litigation against employers who allow their employees to exercise 
their first amendment rights.
  Freedom of religion is specifically protected by the first amendment. 
It is one of the foundations on which our Nation was built. In 
addition, the 1993 Religious Freedom Restoration Act bars the 
Government from burdening the free exercise of religion with 
regulations unless the State shows a compelling interest.

  Existing law on harassment has, among other things, recognized that 
harassment on the basis of religion constitutes a violation of the law. 
This reinforces the EEOC's position that the same analysis applies to 
all hostile environment cases whether the harassment is based on 
gender, race, religion, or national origin. The courts have previously 
interpreted this to mean: ``When an employee is repeatedly subjected to 
demeaning and offensive religious slurs before his fellows by a 
coworker and by his supervisor, such activity necessarily has the 
effect of altering the conditions of his employment within the meaning 
of Title VII.''
  There is a big difference between a person who ridicules a coworker's 
religious beliefs, and a person who expresses his or her religious 
beliefs by keeping a Bible on a desk or by wearing a cross on a chain. 
I suppose that an open Bible on a desk or a cross on a chain could be 
offensive to certain individuals. But being offended by seeing an 
object is not equivalent to being harassed by the person to whom the 
object belongs.
  Referring to the conflict between the States, President Lincoln once 
said, ``The central idea pervading this struggle is the necessity that 
is upon us of proving that popular government is not an absurdity.'' 
Mr. Speaker, these EEOC regulations come close to proving the absurdity 
of popular government. I urge passage of the Taylor-Wolf amendment.

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