McKeon, Berman Have Differing Interpretations of Religious Law

RELIGIOUS ISSUE: Rep. Howard P.(Buck) McKeon(R-Santa Clarita) is opposing proposed Equal Employment Opportunity Commission guidelines that he says “go far beyond existing law and may result in a workplace in which religious expression and freedom are suppressed.”

McKeon, a devout Mormon, has reacted to a proposal intended to help employers avoid harassment based on race, color, religion, gender, national origin or disability. The guidelines are based on a standard used for sexual harassment that prohibits actions that create a “hostile environment” in the workplace.

A letter to Acting EEOC Chairman Tony E. Gallegos initiated by McKeon and signed by more than 40 colleagues said that “the limits of ‘intimidation’ have not been well-defined in terms of religious belief. The extent to which an employer may make his or her religious beliefs or affiliation known to employees of differing beliefs” is left unclear.

McKeon said the standard of what might make an individual uncomfortable, interfere with work performance or damage employment opportunities in this context “is quite subjective and leaves the employer responsible for unintentional as well as intentional activity.” The standard is whether a “reasonable person in the same or similar circumstances would find the conduct intimidating, hostile or abusive.”

McKeon, who was alerted to the issue by the Rev. Louis P. Sheldon of the Traditional Values Coalition, said this might apply to “an employee who wears a Star of David or who keeps a Bible” in his desk--and would prompt firms to create “religion-free zones.” Hence, he introduced a resolution to put the House on record opposing the inclusion of religion in the final guidelines. He said that he had 90 sponsors at a Capitol news conference on Thursday.

EEOC spokesman Michael Widomski flatly disputed McKeon’s interpretation that the wearing of religious items or keeping religious texts at work would be taboo. “These guidelines deal with severe or pervasive behavior that creates a hostile work environment,” he said.

Rep. Howard L. Berman (D-Panorama City) initially signed McKeon’s letter to Gallegos but later said this was an act of “carelessness” and withdrew his name.

“I would not want to do anything to restrict an employer or a supervisor’s free exercise of religion or his or her right to affirm religious beliefs, even in the workplace,” said Berman, who has been active on free speech issues as well as concerns of the Jewish community.

“On the other hand, federal law and California law properly prohibit an employer from discriminating against an employee because of that employee’s religious affiliation,” Berman said. “And disparaging comments that would reasonably be viewed as intimidating employees and making them feel that they are not held in good standing or will be passed over for a promotion violate the laws against discrimination. I view the EEOC guidelines as an effort to protect both sides of the balance.”

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TALL TALES: G. C. (Brodie) Broderson was an unusually colorful candidate when he ran for Congress as the Republican nominee against Berman in 1988.

Broderson, a sometimes actor and middle-aged member of the Guardian Angels--a generally youthful volunteer safety-patrol organization--actually got out of the race 33 days before the election to protest his lack of financial support from fellow Republicans. He then got back in two weeks later and went on to win less than 30% of the vote--far below the party registration.

Broderson, 64, a grandfather of 12 who resides in Mission Hills, was active in Ross Perot’s presidential campaign in 1992 and heads the 26th Congressional District chapter of United We Stand, America, the organization started by Perot. And Broderson is now running for Congress against Berman again--this time in the June 7 primary as a Democrat.

“I saw the way, at last,” said Broderson, who was previously a Democrat before he got upset with former President Jimmy Carter and switched parties. “I feel so much better.”

He hosts a cable television show called “I.R.S.,” for Incumbent Removal Service.

Broderson, whose middle name is Clemens, claims he is a distant relative of Samuel Clemens, better known by his pen name, Mark Twain. The two men bear at least a passing resemblance.

“Both are Democrats, and both like to tell tall tales, both have the same respect for politicians,” Broderson said in a campaign mailing. “None.”

Broderson, who is preparing a one-man show on Twain for schools, quotes the 19th-Century humorist regarding a late politician: “I did not attend his funeral. But I wrote a nice letter saying I approved of it.”

Berman, who welcomed Broderson’s return to the race in 1988, is approaching the self-styled “arch-Guardian Angel’s” latest comeback with equal equanimity.

“Obviously, I’ve persuaded him of the Democratic Party and now I have to work a little bit harder to persuade him of the merits of my own candidacy,” Berman said. “He’s come to my party. Now I just have to get him to come to me.”

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OUTSIDE INCOME: McKeon and his wife, Patricia, were in Denver at a Western wear trade convention when the Jan. 17 earthquake rocked his district. Congress was on its mid-winter recess; McKeon and his brothers own a chain of Western clothing stores, Howard & Phil’s Western Wear.

Now, Democrat James Gilmartin, a Santa Clarita attorney who ran against McKeon in 1992 and is seeking his party’s nomination to so do again, is making an issue of McKeon’s continued involvement with his family business.

“What we can’t find out is when he is working for Howard & Phil’s and when he is working for the government,” Gilmartin said. “We’ve only had one crisis since he’s been working here. And he was in Denver doing business.”

In 1993, McKeon’s income from the business exceeded the limit on House members that were imposed in 1990, when they raised their salary and adopted new ethics requirements. Outside income is limited to 15% of the current $133,600 House salary, or $20,040. McKeon said he received about $148,000 from Howard & Phil’s last year.

McKeon was legally able to do so because an Ethics Committee rule states that the cap does not apply to family controlled businesses for “amounts received in connection with protecting or managing one’s investment as long as the personal services rendered do not in themselves generate a significant amount of income.”

After his election in 1992, McKeon requested and received an opinion from the Ethics Committee that his income would be covered by this rule. He declined this week to make his letter requesting the opinion or the opinion itself available. The committee will not do so, or discuss a lawmaker’s circumstances, without the individual’s permission.

McKeon resigned as a corporate officer and corporate director as required by House rules.

McKeon, who owns a condominium in Beaver Creek, Colo., says he returned to his district by 10 a.m. on the day of the quake. He says he and his wife traveled to Denver on their own time and expense.

In general, he said that he has spent so little time on business for Howard & Phil’s that “I cannot tell you for sure right now how many stores we have. The last several stores we’ve opened, I haven’t seen.” An aide said McKeon owns 20% of the fast-growing company.

Regarding Gilmartin’s assertions, McKeon said: “It’s kind of a nuisance campaign anyway. The only way he can get any press is by attacking me.”