Wednesday, November 11, 2009

3rd Circuit Rejects Complaint Over Docked Pay For Good Friday

In Miller v. Weinstein, (3d Cir., Nov. 9, 2009), the U.S. 3rd Circuit Court of Appeals rejected a First Amendment claim by a former Allegheny County, Pennsylvania employee. The court held that a reprimand letter and a threat to dock the pay of a Christian employee for her unexcused absence from work on Good Friday did not amount to a substantial burden on the employee's free exercise of religion. The court also concluded that Diane Miller was fired not for observing Good Friday, but for her inflammatory e-mail objecting to the threatened loss of pay for the day.