If you haven’t heard of Denver Broncos quarterback Tim Tebow, you’re either living under a rock or too busy with the holiday 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 wins and non-traditional rudimentary 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 displays distasteful both on and off the field.
You see, every time Tebow makes a big play or needs to make one, he, in his own words, “talks to the man upstairs.” He kneels, bows his head and says a prayer thanking God or asking for what he needs at the moment, which recently included a 51-yard field goal in overtime by his kicker to win the game against the Chicago Bears. I should note that, at the time, it was the THIRD Tebow-led overtime win for the Broncos, raising their record to 6-1 with him at quarterback. He has engineered five comebacks in the fourth quarter. When the chips are low, the guy seems unstoppable, and he gives all the credit to “Big Trainer” in heaven.
So what is the problem? Why do people find Tebow’s prayers and mentions of God, his beliefs and his staunch religious connotations so annoying? Why did two Detroit Lions players see fit to mock “Tebowing” (as the kneeling prayer posture is known) on the field after a big play? Many sports columnists are voicing their opinions on this confusing topic. Some think it’s the whole puzzling package: his awkward non-traditional style on the field, the fact that he played for the smug, oft-hated Florida Gators, and the 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 as he speaks unapologetically and confidently about God in every game and interview. Whatever it is, he’s certainly captured the interest of football fans and non-fans alike, as he continues to hit it big every week.
As a sports agent, I am fascinated by how the story unfolds; however, as an attorney, 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 a turnoff for fans? It seems unlikely as long as Tebow continues to outperform—everyone loves a winner (or if they don’t, they put up with one because they’re winning!) But let’s just say his footwork is going from bad to worse, his shaky running game is it comes back downright wobbly, and its long charge-up time before launches becomes a central sack. Perhaps the “Tebowing” begins to receive boos from the crowd, and talks with and about God in interviews are not so acceptable. So what?
We are now talking about religion in the workplace, a very sensitive and highly regulated issue. According to Title VII of the Civil Rights Act of 1964, workplace discrimination based on religion is absolutely prohibited. The EEOC clearly states that religious discrimination involves treating an employee unfavorably because of his or her religious beliefs. The law protects not only people who belong to organized traditional religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also other people who have 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, termination, training, fringe benefits, and any other terms or conditions of employment.
The EEOC goes on to say that, short of an “undue hardship on the employer’s operation of its business, an employer must reasonably accommodate an employee’s religious beliefs or practices. An accommodation may cause an 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 share of potentially dangerous or burdensome work.” In Tim Tebow’s case, it’s highly unlikely 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, in which he pretended to bend over and “rock” Green Bay Packers fans at a 2004 playoff game. with TO’s antics, or Ochocinco’s? Perhaps funnier, 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 outspoken religiousness annoying, but more and more people find it charming…and maybe having God on your side in that dangerous arena isn’t such a bad idea, anyway. While you’re at it, he speaks well of me, will you, mate?