Kelly v. Unemployment Compensation Board of Review
172 A.3d 718
Pa. Commw. Ct.2017Background
- Lori A. Kelly worked as a full-time project manager in the University of Pittsburgh Health Sciences Tissue Bank from April to July 2016; she was assigned to manage the pending GUDMAP project.
- Kelly learned the GUDMAP project would involve collecting and distributing fetal tissue from abortions, miscarriages, and autopsies; she objected on Catholic religious grounds.
- Kelly raised interpersonal problems with her supervisor and asked Labor Relations for help and a transfer the day before resigning, but did not disclose any religious objection at that meeting.
- Employer's witnesses testified the employer had a practice of accommodating religious objections and could have reassigned Kelly to other projects that did not involve fetal tissue.
- Kelly resigned citing religious objections, applied for unemployment benefits, and the Department initially found her eligible; the referee and Board reversed, concluding she voluntarily quit without necessitous and compelling cause because she failed to notify employer and allow accommodation.
- The Commonwealth Court affirmed, holding Kelly did not satisfy the burden to show she made reasonable efforts to preserve employment and gave employer an opportunity to accommodate.
Issues
| Issue | Plaintiff's Argument (Kelly) | Defendant's Argument (Board/Employer) | Held |
|---|---|---|---|
| Whether Kelly quit for "necessitous and compelling" religious reasons entitling her to unemployment benefits | Kelly: Her sincere Catholic beliefs made any continued employment with an employer engaged in fetal tissue collection intolerable; any accommodation short of cessation of those activities would not resolve the conflict | Employer/Board: Kelly failed to communicate her religious objection before quitting; employer had a policy to accommodate and could have reassigned her to non-fetal-tissue work | Held: Affirmed — Kelly failed to notify employer and give it an opportunity to accommodate; transfer was a reasonable accommodation, so no necessitous and compelling cause under Section 402(b) |
Key Cases Cited
- Thomas v. Review Bd. of Ind. Emp’t Sec. Div., 450 U.S. 707 (U.S. 1981) (transfer to different work that would have resolved religious conflict is relevant to unemployment entitlement)
- Mathis v. Unemployment Comp. Bd. of Review, 64 A.3d 293 (Pa. Cmwlth. 2013) (sincere religious beliefs may constitute necessitous and compelling cause if a true conflict with job duties exists)
- Petrill v. Unemployment Comp. Bd. of Review, 883 A.2d 714 (Pa. Cmwlth. 2005) (claimant bears initial burden to prove necessitous and compelling reasons for quitting)
- Curry v. Unemployment Comp. Bd. of Review, 503 A.2d 1007 (Pa. Cmwlth. 1986) (employee must inform employer of religious conflict to allow opportunity for accommodation)