Knight v. Connecticut Department of Public Health

275 F.3d 156
CourtCourt of Appeals for the Second Circuit
DecidedDecember 12, 2001
DocketDocket Nos. 00-7289, 00-9131
StatusPublished
Cited by6 cases

This text of 275 F.3d 156 (Knight v. Connecticut Department of Public Health) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Knight v. Connecticut Department of Public Health, 275 F.3d 156 (2d Cir. 2001).

Opinion

POOLER, Circuit Judge.

Jo Ann Knight is a nurse consultant for the Connecticut Department of Public Health. Nicolle Quental is a sign language interpreter for the State of Connecticut Commission on the Deaf and Hearing Impaired. Both women, who describe themselves as born-again Christians, felt called to proselytize while working with clients. Both found themselves reprimanded for their actions. Each brought suit arguing for the right to discuss their religious beliefs with clients while performing their duties. The district courts hearing their cases found the state1 may reasonably place restrictions on appellants’ ability to speak about religion with clients without infringing on appellants’ constitutional-rights. Knight and Quental seek to have the district court decisions upholding the restrictions on their religious speech reversed. Appellants argue the district courts erred in applying the balancing test set forth in Pickering v. Bd. of Educ. of Township High Sch. Dist. 205, 391 U.S. 563, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968), to determine when government may restrict its employees’ speech. Alternatively, appellants argue their claims are hybrid claims, because two constitutional rights— free speech and free exercise — are implicated, and that hybrid claims are analyzed under a strict scrutiny model rather than under the Pickering balancing test. Appellants also attack the district courts’ decisions on their equal protection and Title VII arguments* as well as on a number of minor issues. As Knight and Quental presented similar issues for our review, we chose to hear the cases in tandem and write one opinion. For the reasons given below, we affirm the district courts.

BACKGROUND

The parties in both cases adopt the facts as found by the district courts, with a [161]*161single exception. Quental objects to the district court’s adoption of testimony given by Karen Wilson, a representative of the Mental Health Association of Connecticut, as discussed below. Our recitation thus borrows heavily from the district courts’ opinions.

I. Jo Ann Knight

For approximately the last nine years, Knight worked as a nurse consultant for Connecticut’s Department of Public Health (the “Department”). Knight v. Conn. Dep’t of Health, 97 CV 2114, 2000 WL 306447, at *1 (D.Conn. Feb.22, 2000). Before the events leading up to this lawsuit, her duties included “supervising and surveying the provision of medical services by various Medicare agencies to home health care patients,” in part by interviewing patients at their homes. Id. Knight describes herself as a born-again Christian. Id.

On October 1, 1996, Knight visited the home of a same-sex couple, one of whom was in the end stages of AIDS. Id. At some point, apparently after finishing the survey, Knight and the two men began discussing religion. Id. Knight said she “experienced a strong sense of compassion for both men and a ‘leading of the Holy Spirit’ ” to talk with the men regarding salvation. Id. After asking the men about their religious beliefs, she told them that “good works [are] not unto salvation,” and that salvation was “confessing with the mouth that Jesus is the Son of God and believing in one’s heart that God raised Him from the dead.” Id. Subsequently, after one man stated he did not believe he would be punished for his homosexual lifestyle, Knight told him, “although God created us and loves us, He doesn’t like the homosexual lifestyle.” Id. After the visit, the men filed complaints against the Department with the Commission on Human Rights and Opportunities alleging discrimination on the basis of sexual orientation in the provision of state services and ultimately filed a lawsuit against Knight, which was later dismissed. Id.

On January 3, 1997, Knight received a letter from the Department suspending her for four weeks without pay “for the good of the service and specifically, for misconduct in [her] dealings with a homosexual couple during a home visit.” Id. (alteration in the original). Knight and the Department entered into an agreement reducing the suspension to a two-week period without pay and restricting Knight’s duties to exclude home visits to patients. The agreement required Knight to create a “Plan of Correction,”2 to be approved by the program manager, before resuming home visits. Id.

Knight brought suit on October 6, 1997. Both sides moved for summary judgment. In granting defendants’ motion, the district court found Knight’s religious speech to her clients caused them distress and interfered with the performance of her duties, permitting the state to take action. Id. at *3. Further, the district court found Knight did not show she was treated differently than other similarly situated employees, or that the state intentionally discriminated against her. Id. at *4. Finally, the district court found permitting Knight to evangelize to clients would require “the imposition of her ideas on a diverse patient population,” such that “accommodating this religious practice would constitute an undue hardship for the defendants.” Id. at *5. This appeal followed.

[162]*162 II Nicolle Quental

Quental works as a sign-language interpreter for one of the defendants, the State of Connecticut Commission on the Deaf and Hearing Impaired (the “Commission”). Quental v. Conn. Comm’n on the Deaf and Hearing Impaired, 122 F.Supp.2d 133, 136 (D.Conn.2000). Quental’s clients include people with mental health disabilities. Id. Soon after Quental was hired, she took and passed a written examination on the national Registry of Interpreters for the Deaf (“RID”) Code of Ethics. Id. The Code of Ethics is a national standard of ethics interpreters follow when providing interpreting services. Id. The Code is incorporated by reference into the collective bargaining agreement (“CBA”) governing Quental’s employment. Id. The CBA states the Code “shall be honored by both the Commission and its employees.” Id. Quental testified that she understood the Code to be part of the terms and conditions of her employment. Id.

In relevant part, the Code states: Interpreters/transliterators shall not counsel, advise or interject personal opinions ... Just as interpreters/transli-terators may not omit anything which is said, they also may not add anything to the situation.... [T]he interpreter/tran-sliterator’s only function is to facilitate communication. He/she shall not become personally involved.

Id.

In 1996, Quental was on an interpreting assignment for the Commission at a mental health facility. Id. During a break in the interpreting session, Quental spoke with the client about smoking. Id. She told the client that “the Lord had delivered [her] from smoking.” Id. (alteration in the original). She asked the client if she could pray for him so that he might also quit smoking, and then verbally prayed for the client in his presence. Id. The client told Quental’s supervisor, defendant Stacie Eusko Mawson, of the incident the next day. Id. Mawson told Quental it was inappropriate to pray for a client in a Ghent’s presence, especially clients in mental health facilities. Id. at 136-37.

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275 F.3d 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knight-v-connecticut-department-of-public-health-ca2-2001.