Sen. Daniel J. Issa didn’t expect such a volatile reaction when earlier this year he filed legislation to amend a Rhode Island General Law regarding “Fair Employment Practices.” Issa, a Democrat representing Central Falls and parts of Cumberland, asked that a “Right to Worship” section be added to an existing Rhode Island law.
If adopted, Issa’s amendment would require business owners to provide workers who are scheduled to work every weekend, the opportunity on two occasions per month to be excused from work for a two-and-half hour period, allowing them to worship with their respective congregations.
Issa said the proposal specifies that the workers would not be compensated for time spent away from work.
He considers it a reasonable proposal. Others, however, do not.
“We are just trying, by statute, to enforce a constitutional right,” Issa said. “This would not cost anyone a dime. They would not be compensated.”
But Issa’s proposal drew opposition from several camps, including the Rhode Island Food Dealers Association, the Rhode Island League of Cities and Towns, the Rhode Island State Police, the Northern Rhode Island Chamber of Commerce and the local branch of the ACLU.
In fact, the ACLU testified that the proposal would, in all likelihood, be deemed unconstitutional.
Steven Brown, executive director of the Rhode Island branch of the ACLU, said that a very similar proposal was struck down as unconstitutional a decade ago in Connecticut.
“We believe that this bill would be struck down as a violation of the First Amendment,” Brown said. “It imposes a uniform requirement on employers to address an employee’s religious beliefs.”
Brown said existing state law, the “Fair Employment Practices Act” requires that employers provide “reasonable accommodations” to workers who wish to worship.
“This proposal goes much further,” he said.
Dan Beardsley, executive director of the Rhode Island League of Cities and Towns, said that while cities in towns in Rhode Island do not oppose an individual’s right to worship, Issa’s proposal would put a drain on municipal budgets. Therefore, he said, his organization also opposes the bill.
Beardsley said that if a police officer or fireman were given time off on a Sunday, even if they were not being compensated, a replacement would be — probably at a higher rate of pay.
“There are minimum manning requirements,” Beardsley said. “These people would have to be replaced at premium pay – sometimes at double-time-and-half. The cost would be astronomical for cities and towns.”
Jason Martiesian, vice president of government affairs for the Northern Rhode Island Chamber of Commerce, said his biggest concern regarding Issa’s proposal is its potential impact on small businesses.
“When we saw that it applies to businesses of four or more employeesthat could be disruptive to a small business,” said Martiesian.
Martiesian said that most employers are already receptive to scheduling around such issues.
“There’s nothing preventing that now – the rearranging of schedules,” said Martiesian.-
First elected to the General Assembly in 1986, Issa finds it ironic that his proposal would be deemed anti-business. A marketing specialist, Issa said he has long supported business initiatives. He spent 12 years as a member of the Senate Corporations Committee.
”I’m very pro-business – with a balance,” he said.
Throughout his legislative career, Issa said he has adopted a policy of responding directly to legitimate concerns of his constituents.
When a constituent brought him the idea of the “Right to Worship” amendment, Issa considered it a reasonable request.
He still does.
”This only pertains to people who are regularly scheduled to work every weekend,” he said.
The response to his bill has truly surprised the veteran legislator.
“I think it was an extreme overreaction,” said Issa. “And I think the problem is bigger and wider than I thought — to get this kind of reaction. I wonder if those who complain the most are the worst offenders.”
To Issa, it is simply a matter of providing people an opportunity to carry out a very basic need – to practice their given faith. He does not agree with Mart-iesian, who suggests that most that employers now provide that opportunity.
“If they did this voluntarily, there would be no need for legislation,” he said.
Issa does not expect the proposal to pass this year.
He has seen enough bills through the years to get a sense for their prospects. The opposition to this bill has been strong – and loud. But Issa is not backing away from his bill. In a sense, he’s more behind it than ever.
His telephone keeps ringing. Some of the calls have expressed opposition to the proposal.
But others have thanked him. Those calls, said Issa, seem to come from those who need help the most.
They are his poorer constituents – those who depend so mightily on their jobs to make ends meet.
”There are a lot of people who want to satisfy their requirements to their employer – and their God,” he said.
