Legal Opinion
In re the Claim of Klein
New York Court of Appeals
Decided December 23, 1991PublishedCited by 26 opinions
1Opinion of the Court
OPINION OF THE COURT
Alexander, J.
Labor Law § 563 excludes from unemployment insurance coverage, among others, persons performing duties of a religious nature at a place of worship (Labor Law § 563 [2] [c]). The question on this appeal is whether this statutory provision violates the Establishment Clause of the First Amendment of the US Constitution, or establishes an impermissible classification in violation of the Equal Protection Clause of the Fourteenth Amendment of the US Constitution. We conclude that it does not.
Shirley Klein was employed in 1986 as an English teacher at Beth Jacob High…
2Cases cited15 opinions
- Lemon v. KurtzmanSupreme Court of the United States · 1971
- Abington School Dist. v. SchemppSupreme Court of the United States · 1963
- Walz v. Tax Comm'n of City of New YorkSupreme Court of the United States · 1970
- Corporation of the Presiding Bishop of Church of Jesus Christ of Latter-Day Saints v. AmosSupreme Court of the United States · 1987
- Ohio Bureau of Employment Services v. HodorySupreme Court of the United States · 1977
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3Cited by26 opinions
- Hope v. PeralesNew York Court of Appeals · 1994
- Grumet v. Board of EducationNew York Court of Appeals · 1993
- Catholic Charities of the Diocese of Albany v. SerioAppellate Division of the Supreme Court of the State of New York · 2006
- New York State School Boards Ass'n v. SobolNew York Court of Appeals · 1992
- Douglas Spicer v. Texas Workforce Commission, Texas Court of Appeals, 5th District (Dallas)2014
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