http://news.yahoo.com/s/ap/20101214/ap_on_go_ca_st_pe/us_muslim_teacher
According to the Associate Press:
The federal government sued a suburban Chicago school district Monday for
denying a Muslim middle school teacher unpaid leave to make a pilgrimage to
Mecca that is a central part of
What you're missing is that Smith interprets the Constitution and this claim is
based on a statute, which pretty clearly does not mean what Smith says the
Constitution means.
The courts have also been stingy with the statute, and this claim may or may
not succeed, but doctrinally, Smith has
First the suit is probably brought under tile vii and not the constitution. The
smith standard is inapplicable under that statute.. Second, the department will
likely argue that the leave policy was administered unevenly-say Jews are given
leave for passover.
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This is a statutory case. As originally enacted Title VII was commerce clause
legislation. If CC was a basis for it's later extension to schools, Smith
would not govern.
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On Dec 13, 2010, at 4:25 PM, Brad Pardee bp51...@windstream.net wrote:
I tried to find a copy of the complaint online. Has anyone seen it? To
second Mr. Stern's suggestion, when I was in practice we successfully sued
the Wisconsin prison system for failing to accomodate Halal diets for
prisoners. The claim looked dead under Smith, but the prison system was
already
