Calhoun Jewelers LLC v. UCBR - April 20, 2010 - unpublished memorandum decision
http://www.pacourts.us/OpPosting/Cwealth/out/2081CD09_4-20-10.pdf
The court reversed the grant of benefits to a claimant, who quit her job because of a conflict with her beliefs as a Jehovah's Witness, because she did not explain how the employer's instructions--to prepare a template for birthday cards to be sent to the employer's clients--violated her religious beliefs.
In Monroe v. UCBR, 535 A.2d 1222 (Pa. Cmwlth. 1988), this Court addressed the framework for a determination as to whether sincerely held religious beliefs conflict with job duties: The First Amendment right to the free exercise of religion applies to a sincerely held religious belief, and we do not believe that this right is limited only to beliefs held by members of established religions. . . . Accordingly, an actual conflict between one’s sincerely held religious beliefs and his or her employment conditions may constitute cause of a necessitous and compelling nature for voluntarily terminating employment. . . . .If it is determined that beliefs are sincerely held, then it must also be established that those beliefs are religious in nature. . . . . Monroe, 535 A.2d at 1224-1225.
Here, it is undisputed that Claimant was a Jehovah’s Witness. Claimant explained at the hearing before the referee that she believed that “many of the origins of birthdays are linked with false worship, even such things as birthday greetings, as happy birthday are linked with false worship of gods.” A church elder testified regarding the tenets of this religion concerning birthdays. There was no error in the determination that Claimant was a Jehovah’s Witness and, as a Jehovah’s Witness, she had sincerely held beliefs concerning the celebration of birthdays.
However, claimant did not establish that those sincerely held religious beliefs were in conflict with her employment conditions. It is Claimant’s burden to demonstrate that she had a necessitous and compelling reason for quitting her employment based on her sincerely held religious beliefs. Claimant established that she had sincerely held religious beliefs. However, the Board erred when it determined that the writing of a “personal message” on a birthday card violated Claimant’s religious beliefs when Claimant failed to describe the “personal message.” Claimant had the opportunity to articulate what the message was that she was instructed to write and to establish how that violated her religion, but she failed to do so.
