On The Front Lines
Institute Secures Victory for Religious Employee Fired by AT&T for Refusing to Sign Certificate of Understanding About Homosexuality
DENVER --In response to a lawsuit filed by Rutherford Institute attorneys, the U.S. District Court for the District of Colorado has ruled in favor of a Denver man who was fired from his job with AT&T Broadband after he refused to sign off on portions of the company's employee handbook that he felt violated his sincerely held religious beliefs. The ruling awards Albert Buonanno with back pay and lost 401(k) matching contributions arising out of AT&T's refusal to accommodate his religious beliefs.Buonanno, a "Quota Specialist" with AT&T Broadband, started working for AT&T in January 1999. In January 2001, AT&T published a new employee handbook. All employees were required to sign a written acknowledgment that they had received it, as well as a "Certificate of Understanding." The Certificate contained a statement that the employee signing it "agreed with and accepted" all of the terms and provisions of the 84-page handbook, including its policies and rules. However, upon reviewing the 84-page handbook, Buonanno, a Christian with sincerely-held religious beliefs regarding homosexuality, found several things he could not, in good conscience, agree to. On page 6, under the section titled "Diversity," the handbook stated: "Each person at AT&T Broadband is charged with the responsibility to fully recognize, respect and value the differences among all of us." On page 67, the company gave sexual orientation protected status. For Buonanno, to acknowledge that he agrees with a lifestyle which he believes to be sinful would be to compromise his faith and contradict what he considers the Bible's views on homosexuality to be. Buonanno shared his concerns about the statement with his immediate supervisor and informed him that he had no problem declaring he would not discriminate against or harass people who were different from him, including homosexuals, but he could not sign the statement required by AT&T because it contradicted his sincerely held religious beliefs. On Jan. 31, 2001, Buonanno presented his written statement and the unsigned Certificate to his supervisor, who alerted AT&T's human resources representative. When Buonanno reported to work the next morning, he was immediately escorted to the human resources representative's office and informed that AT&T would terminate his employment if he refused to sign the Certificate. When Buonanno explained his proposed accommodation to the human resources representative, she informed him that his continued employment at AT&T was dependent on his signature. Buonanno declined to sign the Certificate and was immediately terminated.
"This issue is about more than an objection to homosexuality. It concerns the freedom of conscience--the right of individuals to object to something they believe is wrong, especially when it contradicts their religious beliefs, whether it is war, abortion, homosexuality or a number of other issues," stated John W. Whitehead, president of The Rutherford Institute. "This was just one case among many in which employees continue to be wrongfully denied accommodation and the right to freedom of conscience because of their religious beliefs--rights guaranteed both under federal law and under the First Amendment to the U.S. Constitution."
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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