If you haven’t heard of Denver Broncos quarterback Tim Tebow, you’re either living under a rock or too busy with Christmas festivities. Former Florida Gator quarterback who was also the first college sophomore to win the Heisman Trophy, the first college player to rush and pass for 20 or more touchdowns in a single season, and who won the title of offensive MVP in the 2008 national championship game, he is now taking the NFL by storm with his last-minute miracle victories and non-traditional scrappy style of play. And yet people love to hate him. OK, maybe hate is a strong word. Let’s just say that some people seem to find his Christian beliefs and demonstrations off-putting both on and off the field.
You see, whenever Tebow makes a big play or needs to make one, he, in his own words, “talks to the man up there.” He kneels, bows his head and says a prayer thanking God or asking for what he needs right now, which recently included a game-winning 51-yard overtime field goal by his kicker against the Chicago Bears. I should note that, at the time, it was the THIRD Tebow-led overtime win for the Broncos, bringing their record to 6-1 with him at quarterback. He has engineered five comebacks in the fourth quarter. When the chips are down, the guy seems unstoppable, and he gives all the credit to “Great Coach” in heaven.
So what’s the problem? Why do people find Tebow’s prayers and mentions of God, his beliefs, and his strong religious overtones so annoying? Why did two Detroit Lions players find it okay to taunt “Tebowing” (as the kneeling prayer pose is known) on the field after a big play? Many sports columnists are expressing their opinions on this confusing topic. Some think it’s the whole bewildering package: his awkward non-traditional style on the field, the fact that he played for the often-hated uppity Florida Gators, and religion on top of it all. They’re just WAITING for the guy to stumble, miss, and finally fall flat on his face. Others dig deeper and think it’s because Tebow makes us all uncomfortable by holding up a mirror to our own religious insecurities while he speaks unapologetically and confidently about God in every game and interview. Whatever it is, he’s certainly captured the interest of soccer fans and non-fans alike, as he continues to hit big every week.
As a sports agent, I’m fascinated by watching history unfold; however, as a lawyer, I can’t help but wonder how this could become a legal issue for the Denver Broncos franchise. What if the Broncos organization got tired of Tebow always talking about God, religion and his Christian beliefs? What if they felt it was bad for business and was a turn off for the fans? It seems unlikely as long as Tebow continues to outperform – everyone loves a winner (or if they don’t, they tolerate him because he’s winning!) But let’s just say his footwork goes from bad to worse, his shaky running game he comes back downright wobbly, and his long charge time before casts makes him a core sack. Perhaps the “Tebowing” is starting to get booed from the crowd, and the talks with and about God in interviews are not so acceptable. So what?
Now we are talking about religion in the workplace, a very sensitive and highly regulated subject. Pursuant to Title VII of the Civil Rights Act of 1964, discrimination in the workplace based on religion is absolutely prohibited. The EEOC clearly states that religious discrimination involves treating an employee unfavorably because of the employee’s religious beliefs. The law protects not only people who belong to traditional and organized religions such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who hold sincere religious, ethical, or moral beliefs. The law prohibits discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other terms or conditions of employment.
The EEOC goes on to say that, unless it is an “undue hardship to the employer’s operation of its business, an employer must reasonably accommodate an employee’s religious beliefs or practices. An accommodation may cause undue hardship if it is costly.” , compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their fair share of potentially dangerous or onerous work.” In Tim Tebow’s case, it’s highly unlikely that the Broncos’ organization could demonstrate undue hardship. I mean, the boy kneels briefly and humbly to pray for his mother’s seconds. Far less offensive, I’m sure you’ll agree, than Randy’s Moss’ famous touchdown dance, where he pretended to lean down and “moon” Green Bay Packers fans at a 2004 playoff game. with the antics of TO, or those of Ochocinco? Perhaps more fun, but certainly also belligerent and disruptive.
No, even if the Broncos don’t like it, there’s probably nothing they can do about it, as long as Tebow’s beliefs and practices don’t interfere with the job. My modest advice to Tebow: keep winning! People may find your overt religiosity annoying, but more and more people find it charming… and maybe having God on your side in that dangerous field isn’t such a bad idea, anyway. While you’re at it, he puts a good word to me, will you, buddy?