Posted on 05/17/2002 3:40:49 PM PDT by 11th Earl of Mar
In a battle over religious freedom, the California Supreme Court yesterday sided with a Sacramento medical provider, ruling that the Catholic organization was justified in firing a Protestant Christian who preached to other employees.
The court ruled unanimously that religious institutions cannot be held liable for discriminating against employees on the basis of religion, "The Los Angeles Times" reported.
The court threw out a lawsuit by file clerk Terence Silo, who had "been counseled three times previously...regarding soul saving on clinic premises," the Catholic Healthcare West Medical Foundation wrote in his termination papers.
Three co-workers had complained of harassment, but Silo denied he had harassed anyone.
A jury awarded Silo damages and attorney fees, and an appeals court upheld the awards on the grounds that the state Constitution bars religious discrimination in the workplace.
But the Supreme Court said that religious organizations have the right under the First Amendment to "define themselves and their religious message" and may fire workers for "objectionable religious speech," the "Times" reported.
Secular employers can still be held liable for religious discrimination, but religious institutions need "considerable discretion to choose employees," the court said.
"The impact of this is great for religious institutions," said Jeffrey Berman, who represented several churches and religious groups in the case.
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