Chiefs’ Counsel’s Corner
The Billy Graham Rule
Michael A. Caldwell, JD
General Counsel, GACP
Delong • Caldwell • Bridgers • Fitzpatrick • Benjamin, LLC
101 Marietta Street, Suite 3100 NW
This quarter's legal question is thorny: Can a police officer's sincerely-held religious belief – or a wife's
personal jealousy – justify a male employee's refusal to work with women coworkers or other professional
contacts? A North Carolina federal court will be answering that question soon.
The case has drawn significant attention in the press. It represents the first legal challenge to the so-called
"Billy Graham Rule," which holds that married men and women should avoid one-on-one situations with
members of the opposite sex (i.e., where other persons of either gender are not also present). A reported
that Vice President Pence maintains just such a rule and never meets alone with females in his office with
the door closed.
Given the current state of employment law with its focus on diversity and inclusiveness on one hand, and
the "me-too" movement on the other, how should a Chief respond if an employee asked not to work with a
member of the opposite sex?
The Case in North Carolina
Manuel Torres was a Deputy Sheriff in Lee County, North Carolina. He claims that his superiors ordered him
to train a female deputy, which would have required him to spend extended periods alone with her. Torres,
who is (according to The Charlotte Observer) a strong southern Baptist who also serves as a deacon in his
church, objected to the assignment claiming he was entitled to a religious accommodation based on his
"strong and sincere religious belief that the Holy Bible prohibits him, as a married man, from being alone for
extended periods with a female who is not his wife." According to the complaint, the county denied Torres'
request and ultimately terminated his employment because of his refusal to follow their request. He claims
www.gachiefs.com • Page 36 • 1st Quarter Newsletter