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Considering Religion As A Factor In Foster Care In The Aftermath Of Employment Division, Department Of Human Resources V. Smith And The Religious Freedom Restoration Act, Thomas J. Cunningham
Considering Religion As A Factor In Foster Care In The Aftermath Of Employment Division, Department Of Human Resources V. Smith And The Religious Freedom Restoration Act, Thomas J. Cunningham
University of Richmond Law Review
Most rights considered by Americans to be "fundamental" are granted a special level of protection by the decisions of the United States Supreme Court. The standard is often described as "strict scrutiny" or "compelling interest." Under this standard of protection, a state must have more than just a good reason for writing legislation that encroaches upon its citizens' fundamental rights. Rather, the state must be able to prove a "compelling" interest in achieving some desired result, a result which necessitates the curtailment of fundamental rights. In 1990, however, the United States Supreme Court substantially restricted a right from this list: …
Partially Disabled And Religious: Virginia Workers' Compensation And The Free Exercise Clause, Brydon Dewitt
Partially Disabled And Religious: Virginia Workers' Compensation And The Free Exercise Clause, Brydon Dewitt
University of Richmond Law Review
The Virginia Workers' Compensation Act denies wage loss benefits to partially disabled employees who unjustifiably reject employment procured by their employer which is within their remaining work capacity. Section 65.2-510 of the Virginia Code provides that "[i]f an injured employee refuses employment procured for him suitable to his capacity, he shall only be entitled to the benefits provided for in section 65.2-603 during the continuance of such refusal, unless in the opinion of the Commission such refusal was justified." Essentially, unjustified refusal of selective employment within the employee's work capacity results in a suspension in wage loss benefits until the …