Sorry, Sir, But Getting Some Sun Doesn’t Equal Religion

March 31, 2015 – In The News
Corporate Counsel

Jeffrey Polsky was quoted in the Corporate Counsel article, “Sorry, Sir, But Getting Some Sun Doesn't Equal Religion.” Full text can be found in the March 31, 2015, issue, but a synopsis is noted below.

The single member of the religion titled “Sun Worshipping Atheism” sued the California Department of Corrections for not accommodating for his made-up religion.

The “sun worshipper” refused to work overtime, despite the fact that the contract he signed when he started work required it. He cited this made-up religion in his defense.

Fox Rothschild’s Jeffrey Polsky wrote on his blog that the Court of Appeals of the State of California Fourth Appellate District ruled in favor of California employers, stating that they do not have to adhere to made-up, single-member religions such as this one.

Polsky says this case is a warning for employers because “sadly, the decision … was not based on the principle that you can’t make up a religion which you’re the only member of and demand to be accommodated.” He concluded by saying, “the term ‘religious’ in ‘religious discrimination’ can extend beyond any belief system you’ve ever heard of.”