"explicit"

[Baker, John]

I presume that the supposed constitutional basis would be the freedom of religion provided in the First Amendment.  However, I don't think that the description below is accurate.  In fact, the Supreme Court in 1985 struck down a state statute that provided that an employee could not be required to work on his Sabbath.  The Court noted that the statute took no account of the convenience or interests of the employer or those of other employees who do not observe a Sabbath and said that, in granting unyielding weighting in favor of Sabbath observers over all other interests, the statute had a primary effect that impermissibly advanced a particular religious practice.  Estate of Thornton v. Caldor, 472 U.S. 703 (1985).
 
 
John Baker
 

________________________________

From: American Dialect Society on behalf of ronbutters at AOL.COM
Sent: Thu 5/29/2008 9:10 PM
To: ADS-L at LISTSERV.UGA.EDU
Subject: Re: "explicit"



Sorry. What I was asking for was not just somebody's opinion might be about what an entity might not be able to do.

I was wondering what the supposed constitutional basis might be for the putative legal constraint.

What if my religion only allows me to work one day per week?
Sent from my Verizon Wireless BlackBerry

-----Original Message-----
From: "Joel S. Berson" <Berson at ATT.NET>

Date:         Thu, 29 May 2008 19:18:15
To:ADS-L at LISTSERV.UGA.EDU
Subject:      Re: [ADS-L] "explicit"


Neither the state nor a private entity can require a person to work
on a day of rest observed by that person's religion.  An employer
cannot require a person to rest on Sunday, like a good Crhistian, and
work on Wednesday if the person observes Wednesday as a day of rest.

Joel

At 5/29/2008 12:36 PM, ronbutters at AOL.COM wrote:
>Where in the Constitution does it say (explicitly?) That anybody has
>a right to a day off?
>Sent from my Verizon Wireless BlackBerry
>
>-----Original Message-----
>From: Laurence Horn <laurence.horn at YALE.EDU>
>
>Date:         Thu, 29 May 2008 10:28:48
>To:ADS-L at LISTSERV.UGA.EDU
>Subject:      Re: [ADS-L] "explicit"
>
>
>At 8:42 AM -0400 5/29/08, Joel S. Berson wrote:
> >In addition, I believe it has been decided that the Constitution
> >guarantees the religious right to rest on other days.  We do not
> >enforce the same single day off for everyone.
> >
> >Joel
>
>How about those of us who aren't part of the religious right?  Don't
>we get to rest too?
>
>;-)
>
>
> >
> >At 5/28/2008 11:59 PM, Doug Harris wrote:
> >>Interesting concept, 'cept there's no such time, anyplace, as EVERYONE
> >>getting a day off. Even in Northern NJ (and similarly blue-lawed places),
> >>food stores, gas stations, convenience stores and probably a kind or
> >>two of other commercial establishments are open and busy on Sundays.
> >>Some would argue that most of the above-named types of establishments
> >>fall under the 'necessary' banner. That is, of course, a debatable issue
> >>-- perhaps best done at home, with friends, while enjoying a widely-shared
> >>day off.
> >>dh
> >>
> >>
> >>--
> >>How about just for the purpose giving EVERYONE a day off, guaranteed, no
> >>questions asked.
> >>
> >>James D. SMITH                 |If history teaches anything
> >>South SLC, UT                  |it is that we will be sued
> >>jsmithjamessmith at yahoo.com     |whether we act quickly and decisively
> >>                                |or slowly and cautiously.
> >>
> >>
> >>
> >>>  can you expand please, and elucidate the arcane practices
> >>>  of northern NJ?
> >>
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> >
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