Court Asks For Further Briefing On Praying Employees' Free Exercise Claim

In Shatkin v. University of Texas at Arlington, 2009 U.S. Dist. LEXIS 18018 (ND TX, March 10, 2009), two former employees asserted free speech and free exercise claims after they were fired by the University of Texas for inappropriate conduct. At issue was plaintiffs' praying for a co-employee who they said was "demonically oppressed" by going to that employee's cubicle after work on a day the employee was not there to pray and dab olive oil on the cubicle doorway. The court rejected plaintiffs' free expression claims, finding that as public employees they were protected only for speech made as citizens on a matter of public concern. As to plaintiffs' free exercise claim, the court asked plaintiffs for additional briefing on whether the Pickering test that controls public employee speech also applies to public employees' free exercise claims as contended by defendants. (See prior related posting.)