Religious Freedom Wins

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Joel
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Religious Freedom Wins

Post by Joel »

Mark of the devil? Woman fired for refusing to be fingerprinted wins battle for unemployment comp

An evangelical Christian who was fired for refusing to submit to fingerprinting that she believed would brand her with "the mark of the devil" can't be denied unemployment compensation, a Commonwealth Court panel ruled Wednesday.

The decision, outlined in an opinion by Judge Joseph M. Cosgrove, overturns a finding by the state Unemployment Compensation Board of Review that Bonnie Kaite's beliefs were personal, rather than religious.

Cosgrove faulted the board for reaching that conclusion simply because Kaite belongs to no recognized religious group, but bases her beliefs on the teachings of her father.

Kaite's travail began in November 2015 when her employer, Altoona Student Transportation, ordered her to submit her fingerprints for a newly-required background check. She had worked for the company since 2001.

She was axed after she cited her religious qualms and asked if she could undergo some other background check that didn't involve fingerprinting.

Kaite contended in her appeal to the state court that the subsequent denial of jobless aid violated her right to freedom of religion.

"She testified that she believes fingerprinting is contrary to her religion and if she submits to fingerprinting she 'will not get to go to heaven because I'm marked - the mark of the devil'," Cosgrove wrote. That belief stems from her father's interpretation of the Bible's Book of Revelation, the judge noted.

"This court has held that absence from work due to observation of a religious holiday constitutes good cause," Cosgrove wrote. "It is analogous here that (Kaite's) refusal to submit to a requirement that is in opposition to her religious beliefs would also constitute good cause for violating (her) employer's policy."

The fact that Kaite practices her beliefs only in her own home doesn't mean they are personal rather than religious, he found. Courts must not brand unfamiliar faiths as secular beliefs, Cosgrove cautioned.

"She is being forced to choose between following her religious beliefs and forfeiting benefits or abandoning her religious beliefs," the judge wrote. "This imposition is a violation of (Kaite's) constitutional right to free exercise of religion."
http://www.pacourts.us/assets/opinions/ ... 7.pdf?cb=1

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David13
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Location: Utah

Re: Religious Freedom Wins

Post by David13 »

Well she already worked there, so it was rather late for them to try to demand a background investigation.
As to new hires, they can and do demand a background investigation.
Usually, in some states at least, the workers comp laws have a provision that any ambiguity is to be decided in the workers favor. That is, workers comp laws are there for the benefit of the worker. So there's a strong incentive to rule in favor of the worker from the get go.
dc

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