DATE: Friday, August 15, 1997               TAG: 9708150700

SECTION: FRONT                   PAGE: A16  EDITION: FINAL 

SOURCE: BY TONY WHARTON, STAFF WRITER 

                                            LENGTH:   76 lines

``AMENS'' GO UP OVER FEDERAL OFFICE RULES

Religious leaders and conservatives, including Pat Robertson's legal corps in Virginia Beach, praised new guidelines on religious expression in federal offices issued Thursday, but at least one civil liberties advocate said they go too far.

``When I go to the post office to buy a Bugs Bunny stamp, I don't want to see a crucifix over the clerk's window,'' said Barry Lynn, legal director for Americans United for Separation of Church and State. ``But these seem to suggest that's OK.''

Still, President Clinton's new rules drew widespread support. The 15 pages of guidelines allow religious expression in federal workplaces, even mentioning specifics such as hanging a wreath in the office at Christmas or inviting someone to church.

The guidelines apply to all civilian, executive branch agencies. They do not cover the uniformed, non-civilian Navy or other branches of the military. Court decisions have previously exempted the special circumstances of the military from this type of guideline.

``We're delighted,'' said Jay Sekulow, director of the American Center for Law and Justice in Virginia Beach. The ACLJ, which Robertson founded to protect the rights of people of faith, was among the groups Clinton consulted before issuing the guidelines.

``We think it's a very positive step,'' Sekulow said. ``I think it's pretty clear from the intent of the overall guidelines that you can share your faith as long as it's not disruptive to the work environment.''

Other groups involved in drafting the guidelines included the People for the American Way, the American Jewish Congress and the National Council of Churches.

``These guidelines will help clarify what was a very confusing area of law,'' said Oliver Thomas, special counsel for religious and civil liberties at the National Council of Churches. ``This is a very important breakthrough, so employees and employers understand what their rights are.''

Clinton's order requires federal agencies to allow workers to engage in personal religious expression and ``reasonably accommodate'' holy days, even if that creates some hardship for the agency.

Thus, a Muslim woman can wear a head scarf or a Christian employee can keep a Bible on a desk and read it during a break. Workers would be able to discuss freely their faiths - even proselytize - as long as the co-workers they are speaking to do not object. However, the guidelines stipulate that any rules already in place at federal agencies - such as a ban on posters - must still be followed. Also, the expression must not harm workplace efficiency.

Americans United was involved in the early stages of the guidelines' preparation, Lynn said, but not with the final draft.

Lynn said the guidelines go too far in protecting religious expression and don't do enough to protect the public or other workers.

``They protect evangelism without providing enough safeguards for the worker who just wants to do his job and be left alone,'' Lynn said. ``I don't think the federal government ought to be encouraging supervisors to engage in religious proselytizing. They're hired to run the nukes and the post office and the railroad.''

Because of the power supervisors have, Lynn argued that any evangelism can be oppressive: ``If your supervisor asks you to go to his church, you know you've been targeted.''

No, Sekulow said, that would not be permitted.

``I think it's very clear that that's not protected under the guidelines or federal law,'' he said.

He said the guidelines resolve other kinds of issues, such as a case the ACLJ handled in which a Christian employees' group was not permitted to use office e-mail or meeting rooms at the U.S. Department of Agriculture. Other employee groups were permitted those privileges.

Three years ago, the Equal Employment Opportunity Commission abandoned an effort to impose guidelines against workplace harassment, including religious harassment, after religious groups and Congress protested that the EEOC was defining religious harassment too broadly. The EEOC rules would have applied to all workplaces.

Religious leaders said they hoped the federal workplace guidelines would serve as a model for state and private employers. Legislation similar to the guidelines has been introduced in Congress, to cover all workers. MEMO: The Associated Press contributed to this report.

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