Lavelle-Hayden v. Emp. Dep’t

“Under the Free Exercise Clause of the First Amendment, a state generally cannot deny unemployment benefits to a worker if the misconduct was the result of the worker adhering to a sincerely held religious belief.” Sherbert, 374 US at 403.

Claimant appealed an Employment Appeals Board (EAB) order upholding a denial of her claim for unemployment compensation. Claimant was discharged from her position as a respiratory therapist for refusing to receive a COVID-19 vaccination, which her employer determined was misconduct. The EAB denied unemployment benefits because Claimant had been terminated for misconduct. Claimant assigned error to the EAB for violating her First Amendment rights. “Under the Free Exercise Clause of the First Amendment, a state generally cannot deny unemployment benefits to a worker if the misconduct was the result of the worker adhering to a sincerely held religious belief.” Sherbert, 374 US at 403. The Court reasoned that, since ORS 333-019-1010(4)(2021) allows for a religious exemption from vaccination, “the state cannot condition the receipt of unemployment benefits on a worker’s willingness to be vaccinated if receiving the vaccine is, in fact, forbidden by the worker’s sincerely held religious beliefs.” Whether Claimant’s refusal was based upon a sincerely held religious belief is a factual question which the EAB failed to address. Thus, the Court held that, since the EAB failed to make this factual determination its order was not “supported by substantial reason.” The order must be remanded to make this factual determination. REVERSED AND REMANDED.