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Keywords

arbitrationmediationstatuteappeal
statute

Related Cases

Estate of Thornton v. Caldor, Inc., 472 U.S. 703, 105 S.Ct. 2914, 86 L.Ed.2d 557, 38 Fair Empl.Prac.Cas. (BNA) 1, 37 Empl. Prac. Dec. P 35,312, 53 USLW 4853, 102 Lab.Cas. P 55,507

Facts

Donald E. Thornton, a managerial employee at Caldor, Inc., informed his employer in 1979 that he would no longer work on Sundays, which he observed as his Sabbath. He invoked a Connecticut statute that protected employees from being required to work on their designated Sabbath. After rejecting alternative job offers from Caldor, he was transferred to a clerical position and subsequently resigned, filing a grievance with the State Board of Mediation and Arbitration. The Board ruled in his favor, leading to an appeal by Caldor.

Donald E. Thornton, a managerial employee at Caldor, Inc., informed his employer in 1979 that he would no longer work on Sundays, which he observed as his Sabbath.

Issue

Does the Connecticut statute providing employees with an absolute right not to work on their chosen Sabbath violate the Establishment Clause of the First Amendment?

Does the Connecticut statute providing employees with an absolute right not to work on their chosen Sabbath violate the Establishment Clause of the First Amendment?

Rule

To pass constitutional muster under the Establishment Clause, a statute must have a secular purpose, not foster excessive entanglement of government with religion, and its primary effect must not advance or inhibit religion.

To pass constitutional muster under the Establishment Clause, a statute must have a secular purpose, not foster excessive entanglement of government with religion, and its primary effect must not advance or inhibit religion.

Analysis

The court applied the Lemon test and found that the Connecticut statute imposed an absolute duty on employers to conform their business practices to the religious practices of employees, thereby advancing a particular religious practice. The statute did not consider the interests of employers or other employees, leading to excessive entanglement and a primary effect that favored Sabbath observers over secular interests.

The court applied the Lemon test and found that the Connecticut statute imposed an absolute duty on employers to conform their business practices to the religious practices of employees, thereby advancing a particular religious practice.

Conclusion

The Connecticut Supreme Court concluded that the statute violated the Establishment Clause and reversed the lower court's decision, affirming that the statute's primary effect impermissibly advanced a particular religious practice.

The Connecticut Supreme Court concluded that the statute violated the Establishment Clause and reversed the lower court's decision, affirming that the statute's primary effect impermissibly advanced a particular religious practice.

Who won?

Caldor, Inc. prevailed in the case as the Connecticut Supreme Court reversed the lower court's ruling that had favored Thornton, finding the statute unconstitutional.

Caldor, Inc. prevailed in the case as the Connecticut Supreme Court reversed the lower court's ruling that had favored Thornton, finding the statute unconstitutional.

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