Abstract

http://ssrn.com/abstract=1399557
 
 

Footnotes (35)



 


 



Religion in the Workplace: A Report on the Layers of Relevant Law in the United States


William W. Van Alstyne


Duke University School of Law; William & Mary Law School


Comparative Labor Law & Policy Journal, Vol. 30, No. 3, 2009
William & Mary Law School Research Paper No. 09-15

Abstract:     
This article reports on the thick layers of law applicable to claims of religious exception to public and private employment workplaces in the United States. It reviews the Supreme Court's First and Fourteenth Amendment salient holdings, distinguishing public sector (government) workplaces, and the extent to which legislative bodies may and may not oblige private employers to "accommodate" religiously-asserted requirements. It also provides exhaustive footnote analyses of all major federal statutes (plus some representative state and local law variations) pertinent to the topic. Its principal conclusions are these: In the currently prevailing view of the U.S. Supreme Court, neither public nor private employers are required to bend workplace rules to excuse or exempt employees claiming religious grounds for noncompliance. Nonetheless, a myriad of laws, federal as well as state and local, do impose such requirements, as the author fully notes. (At the end of that review, the author then poses his own question to challenge the reader's intuitions on this subject, namely, this: what makes "religious" objections so special or different that they shall be specially privileged, while other kinds of objections are not?)

Number of Pages in PDF File: 15

Accepted Paper Series


Download This Paper

Date posted: July 17, 2009  

Suggested Citation

Van Alstyne, William W., Religion in the Workplace: A Report on the Layers of Relevant Law in the United States. Comparative Labor Law & Policy Journal, Vol. 30, No. 3, 2009; William & Mary Law School Research Paper No. 09-15. Available at SSRN: http://ssrn.com/abstract=1399557

Contact Information

William W. Van Alstyne (Contact Author)
Duke University School of Law ( email )
Box 90360
Duke School of Law
Durham, NC 27708
United States
William & Mary Law School ( email )
South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States
Feedback to SSRN


Paper statistics
Abstract Views: 683
Downloads: 125
Download Rank: 131,857
Footnotes:  35

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.985 seconds