- Sharon Gustafson has workedin employment law for decades
including arguing beforethe Supreme Court,
in 2019 she became the first woman
to serve as General Counsel for the EEOC.
In early March however,she found herself fired
by her new boss, president Biden.
- I was given no reason atall for the termination.
- [Heather] But she had some clues,
weeks before the Biden administration
asked for her resignation,
Gustafson discovered that the final report
on her religious discrimination work group
had disappeared from the EEOC website.
The agency enforcesanti-discrimination laws
across the board,
and while it has defended
employee's religious rights for years,
Gustafson noticed an exception.
- I had never seen anycase that was brought
to protect somebody whowas discriminated against
because they had traditionalreligious beliefs
about sexual morality.
So I started thinking,
I wonder what other sortsof religious beliefs
people may have that theyfeel are not protected.
So I set up a religiousdiscrimination work group.
- [Heather] Gustafson saysthat although the group
would include all faiths, itfaced internal opposition,
even from leadership.
- Who told me, that theywere uncomfortable with it.
- [Heather] She also faced pushback
after taking on the Kroger grocery chain
for firing two employees
after they refused towear gay pride aprons.
- They simply said that becauseof their religious beliefs
they could not celebrate this.
- [Heather] LGBTQ advocates also spoke out
against her work group,
including revisions toa compliance manual,
concerned that religiousbeliefs would be used
to discriminate againstsexual orientation.
Gustafson argues it'spossible to protect both.
- All of these people can beprotected at the same time.
The law requires it,
and it's the EEOC's jobto find a way to do that.
- [Heather] Gustafson may never know
exactly what triggered her firing,
it's almost become tradition
that political appointeesin certain areas resign,
when administrations change,
two of her predecessors did so
even though they hadtime left in their term.
Still, there's also precedentfor general councils
staying with new presidentsof other political parties.
Going forward there isconcern that her firing
will have a negative impact for workers
who face discrimination for their beliefs.
- I think what's is going tohappen is that this will have
a chilling effect
upon religious expressionin the workforce.
- The word gets out, youknow, to the public generally
that the EEOC is notinterested in these types,
certain types of religiousdiscrimination claims,
and that is to everybody's loss.
- [Heather] EEOC commissionerAndrea Lucas calls the firing
deeply troubling, and warnedthat religious liberty
has become a disfavoredor second-class right
in many areas of our society.
But as spokeswoman for thecommission told CBN News,
the EEOC has a long history of defending
against discrimination basedon religion in the workplace
and will continue tovigorously enforce those laws.
- I'm a Seventh Day Adventist
and we can't work on Saturdays.
- [Heather] There's alsoan encouraging new movement
in the private sector
that urges people to bringtheir whole selves to work,
including their faith.
A number of top companies are creating
faith-oriented employee groups,
alongside LGBTQ employee groups.
It's a movement that Gustafson applauds.
- We need to make surethat the federal government
is fairly protecting all workers,
that nobody has any reason tobelieve that certain rights
supersede other rights,
or are somehow given higher priority.
- [Heather] Heather Sells, CBN News.
