Abstract
The last decade has seen a growing number of individuals adopt fundamentalist, "born-again" Christianity. For these people, religion requires more than observance of a sabbath, weekly services, or financial commitment. Fundamentalist religion often requires its adherents to spread their religious beliefs with missionary zeal. Religion may be a constant preoccupation and as such, is brought into the work place. Thus, there is potential for conflict between the needs and demands of employers and the exercise of one's religion. While the free exercise clause of the first amendment may not always provide protection for employees against employers' requirements, it nevertheless serves to protect unpopular religions and religious beliefs against government action. Consequently, when religious beliefs interfere with finding or keeping employment, unemployment benefits cannot be denied to the claimant. What happens, though, when an employee is fired for following his or her fundamentalist beliefs? Can this conduct rightfully be called "misconduct," and is the state justified in denying unemployment benefits? In Flynn v. Maine Employment Security Commission, the Maine Supreme Judicial Court addressed the question whether the Maine Employment Security Commission's application of a statutory provision barring unemployment benefits for misconduct impermissibly burdened the claimant's right to the free exercise of religion under the first amendment.
First Page
461
Recommended Citation
Mary A. Lynch,
Religious Beliefs, Unemployment Benefits, and Constitutional Choices: Flynn v. Maine Employment Security Commission,
35
Me. L. Rev.
461
(1983).
Available at:
https://digitalcommons.mainelaw.maine.edu/mlr/vol35/iss2/12
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Constitutional Law Commons, First Amendment Commons, Labor and Employment Law Commons, Religion Law Commons, Workers' Compensation Law Commons