Estate of Thornton v. Caldor, Inc. case brief summary (1985)
J. Burger: CT law forbids Ers from forcing their Ees to work on their Sabbath and Thornton is a Sunday Sabbath observer. When he is moved to a lower position b/c of his observance, he sues.
Holding: law violates the EC b/c it creates an absolute and
unqualified right not to work for religious reasons, and thus favored religion
over all other interests. Fails Lemon.
·
The primary
effect of the statute is to advance religion
o
statute confers its benefit on an explicitly
religious basis
o
when Er cannot consider any other interests,
that establishes state preference for religion
·
There is comprehensive, discriminating and
continuing state surveillance, which creates excessive governmental entanglements between church and state.
- O’Connor concurring: feels compelled to include that this does not effect duty of reasonable accommodation under Title VII
- Reasonable, rather than absolute, accommodation
- Extends that requirement to all religious beliefs, not just observance of Sabbath
Also invokes Endorsement
test: an objective observer would see this as a state endorsement of
religion to the detriment of those who do not share it.
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