Dotter v. Maine Employment Security Commission

435 A.2d 1368, 1981 Me. LEXIS 979
CourtSupreme Judicial Court of Maine
DecidedOctober 19, 1981
StatusPublished
Cited by9 cases

This text of 435 A.2d 1368 (Dotter v. Maine Employment Security Commission) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dotter v. Maine Employment Security Commission, 435 A.2d 1368, 1981 Me. LEXIS 979 (Me. 1981).

Opinions

GODFREY, Justice.

The Maine Employment Security Commission appeals from a judgment of the Superior Court ordering that Mark Dotter be granted unemployment benefits following his resignation from Thornton Academy. On appeal the Commission argues that the presiding justice erred as a matter of law in concluding that to deny Dotter unemployment benefits would violate his First Amendment right to the free exercise of religion. We affirm the judgment.

Since May of 1972 appellee Mark A. Dot-ter has been a member of the Divine Light Mission, a religious faith currently headed by Guru Maharaji. During the year the Divine Light Mission holds three major festivals: Holi, which is celebrated in late March or early April; Guru Puja, which is held in July; and Hans Jayanti, which falls in November. At these festivals members of the sect gather with Guru Maharaji to engage in spiritual discourse. Each festival lasts several days.

[1370]*1370At the beginning of the school year of 1973 Dotter was hired by Thornton Academy as a teacher of English and remedial reading. During 1973,1975, and early 1977, Dotter requested and received permission from Thornton Academy to take time off from teaching in order to attend the religious festivals. The Academy granted these requests with increasing reluctance, however. On November 3, 1977, James Jortberg, the headmaster of Thornton Academy, informed Dotter by letter that “the teacher contract must be adhered to to the letter pertaining to personal days” and that “any extensions of the one personal day will be scrutinized.”

Despite this indication of dissatisfaction, Dotter sought permission to attend the Hans Jayanti festival from November 6 through November 9, 1978. A conversation ensued in which headmaster Jortberg attempted to persuade Dotter not to attend the festival. After that conversation Dot-ter had the impression that he had three choices in the matter: he could forego the festival, attend the festival and risk being dismissed, or resign. Dotter chose the third alternative and tendered his resignation on October 10, 1978.

On November 27, 1978, Dotter filed with the Maine Employment Security Commission a claim for unemployment compensation benefits. The local deputy for the Commission found that Dotter was eligible for unemployment benefits because he had left his position at Thornton Academy “voluntarily with good cause attributable to such employment.” Specifically, the deputy found as a fact that Dotter had been put to a choice between missing the festival or resigning.

Thornton Academy appealed the deputy’s decision to the Appeal Tribunal of the Maine Employment Security Commission. Following a hearing, at which Dotter and Jortberg testified, the Appeal Tribunal modified the decision of the deputy. The Tribunal ruled that under the Employment Security Law, an individual is disqualified for unemployment benefits if he leaves employment for reasons that are not directly related to his work. Because, in the Tribunal’s view, Dotter had resigned because of personal preference rather than an inability to perform his job, he left employment for reasons that were not directly related to his work. Accordingly, Dotter was temporarily disqualified from unemployment benefits under 26 M.R.S.A. § 1193(1) (1977).1

Next, Dotter appealed the decision of the Appeal Tribunal to the Employment Security Commission as a whole, requesting another hearing. The evidence presented at the second hearing was essentially the same as that presented at the first. On May 9,1979, the Commission issued its decision on the appeal. Because no new substantial evidence was presented at the second hearing, the Commission adopted the Appeal Tribunal’s findings of fact. The Commission also concurred in the Appeal Tribunal’s legal conclusion that Dotter had resigned voluntarily, without good cause attributable to his employment, and hence was temporarily ineligible for unemployment benefits.

Having exhausted his remedies before the Employment Security Commission, Dot-ter duly appealed the Commission’s decision to the Superior Court pursuant to 5 M.R.S.A. § 11001 and 26 M.R.S.A. § 1194(8) (1979). In his complaint for review of governmental action, Dotter alleged, among other things, that the Commission’s decision violated his right to the free exercise of religion guaranteed by the First Amendment to the United States Constitution and Article I, Section 3 of the Maine Constitution; and that the decision violated his right to equal protection of the laws guar[1371]*1371anteed by the Fourteenth Amendment to the United States Constitution and Article I, Section 6-A of the Maine Constitution. For relief, Dotter requested the Superior Court to vacate the Commission’s decision and to declare him fully eligible for unemployment benefits.

On July 30, 1980, the Superior Court justice rendered his order in regard to Dotter’s appeal. The court vacated the Commission’s decision and remanded the case for the entry of an order awarding Dotter his requested unemployment benefits. As a threshold matter the judge found that there was a direct relationship between Dotter’s resignation and his desire to attend the religious festivals. Although the Divine Light Mission did not require attendance at the festivals and did not require its members to refrain from work during the festivals, the festivals nevertheless were a prominent aspect of the religion’s form of worship. Dotter’s choice to attend the festivals, although in a sense “personal,” was based on an important tenet of his faith. Consequently, Thornton Academy’s refusal to allow Dotter to attend the festivals placed a burden on the exercise of his religion. Because the Commission had shown no compelling state interest in denying Dot-ter unemployment benefits, the court held that this denial of benefits constituted a violation of Dotter’s First Amendment right to the free exercise of his religion.

On appeal, the Commission argues that Dotter had the burden of showing that the Commission’s refusal to grant him unemployment benefits constituted a substantial interference with the free exercise of his religion. In the Commission’s view, Dotter established only that he desired to attend the religious festivals as a matter of personal preference inasmuch as non-attendance at the festivals did not violate a cardinal tenet of his religion and his faith did not preclude him from working during the festival periods. Furthermore, if it were to be assumed arguendo that Dotter’s free-exercise rights were substantially infringed, the Commission contends that the state has a compelling interest in restricting unemployment benefits to those persons who leave work involuntarily for reasons objectively related to their employment. Such restriction encourages people to stay at their jobs ■ and inhibits resignations motivated by a desire to gain unemployment benefits. The Commission further argues that the state has a compelling interest in ensuring that teachers are available to meet the needs of Maine’s students. According to the Commission, whatever burden was placed on Dotter’s exercise of his religion was outweighed by the state’s compelling interests.

Dotter disputes the Commission’s interpretation of the free-exercise clause. In Dotter’s view, once he showed that the Commission directly or indirectly placed any burden on the free exercise of his religion, the Commission was required to show a compelling interest in imposing that burden.

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Dotter v. Maine Employment Security Commission
435 A.2d 1368 (Supreme Judicial Court of Maine, 1981)

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435 A.2d 1368, 1981 Me. LEXIS 979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dotter-v-maine-employment-security-commission-me-1981.