UNITED STATES SUPREME COURT HOLDING: Claimants discharged for using illegal drugs as part of a religious sacrament may be disqualified from receipt of unemployment compensation benefits without violation of First Amendment protections of the free exercise of religion.
UNITED STATES SUPREME COURT HOLDING: Where a claimant has a sincere belief that religion required him or her to refrain from the work in question they may invoke the protections of the First Amendment. It is not required that the claimant belong to an established religious sect for the claimant’s religious beliefs to be protected.
UAW v Brock Digest no. 19.01 Section 231(2) of the Trade Act of 1974 Cite as: UAW v Brock, 816 F2d 761 (DC Cir 1987). Appeal pending: No Plaintiff: International Union U.A.W., et al. Defendant: William Brock, Secretary, U.S. Department of Labor Docket no.: N/A Date of decision: April 24, 1987 View/download the full decision U.S. COURT OF… Read More »
UNITED STATES SUPREME COURT HOLDING: When a State denies receipt of a benefit because of conduct mandated by religious belief, thereby putting substantial pressure on an adherent to modify his behavior and violate his beliefs, that denial must be subjected to strict scrutiny and can be justified only by proof of a compelling state interest. The First Amendment protects the free exercise rights of employees who adopt religious beliefs or convert from one faith to another after being hired.
UNITED STATES SUPREME COURT HOLDING: Benefits due a claimant after an initial finding of eligibility may not be held in abeyance pending the employer’s appeal.