I composed my response before the question of the extent and exact nature of the UW policy had been raised based on my (perhaps mistaken) reading of a news report. I accept Steve Sanders point that I need to know the specifics of the policy prior to declaring it to be religious discrimination. If anyone does know what the policy states and how it is applied I would appreciate being informed.
It still seems to me that there are First Amendment religion clause concerns (and certainly free speech). The RA is a state employee, albeit a temporary one at the lowest rung of the ladder. I certainly do think that during "office hours" the university could prohibit the RA from holding a Bible study or advising a student to seek the answer to his/her problems in the Bible. However, as I understand it, this involved an RA holding a Bible study in his dorm room. RAs are in some sense on call or on duty 24 hours per day, or perhaps all evening and night, and are expected to be available for emergencies. However, being available seems different than "office hours."
An analogy can be drawn to police officers. Many are expected to be available 24 hours a day for emergency calls. Surely, it would be a violation of an officer's freedom of religion to decree that he/her could not teach a Bible study because he or she might be called and thus was "on the job." [This is not conjectural, when I was a prosecutor the Captain in command of detectives of the local police force was expected to available 24/7 for emergencies. He taught Bible classes on Sunday morning, Sunday evening, and Wednesday evening at his church. I once called him during this time; I know that his detectives did often. Surely, he could not have been told that he could never teach a Bible class because he might be contacted by telephone or police radio for advice or instruction (very common) or even called to the station (rare but not unheard of) during the time he was teaching his Bible classes.]
Is this still not viewpoint discrimination which raises constitutional concerns under the religion and speech (not the focus of this forum) clauses of the First Amendment? Assuming that the RA is not leading the Bible class during designated work time, but during time he is free to watch football, play ping pong, etc., etc. is whether the RA leads the Bible study in his dorm room or over at the Student Union really significant? Conceding that his dorm room may in some sense be his "workplace," is the university's professed fear that when a student learns of the RA's beliefs he or she will fear being judged any different at a different location? Would not such student also fear being judged if the RA left each Sunday morning for church? Could the school order the employee to not reveal to any student that he or she went to church or led a Bible study at an offcampus apartment? Even if the school forbids any controversial activities in the dorm room, it seems to me that the blanket prohibition on religious speech raises constitutional questions not obviated by the school's possible viewpoint discrimination in some others areas.
Steve Prescott
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