Legal Opinion
Smith v. Employment Division
Oregon Supreme Court
Decided June 24, 1986No. EAB 84-AB-1217; CA A33421; SC S32481PublishedCited by 28 opinions
1Opinion of the CourtJones, J.
The issue in this case is whether the state Employment Division may deny unemployment benefits to claimant, Alfred L. Smith. Smith’s employer, Douglas County Council on Alcohol and Drug Abuse Prevention and Treatment (ADAPT), discharged Smith because he ingested peyote while off duty during a ceremony of the Native American Church. The Employment Appeals Board concluded that Smith should not receive benefits because he had been discharged for misconduct connected with his employment. The Court of Appeals reversed, citing its decision in Black v. Employment Division, 75 Or App 735, 707 P2d…
2Cases cited14 opinions
- Cantwell v. ConnecticutSupreme Court of the United States · 1940
- Sherbert v. VernerSupreme Court of the United States · 1963
- Thomas v. Review Board of the Indiana Employment Security DivisionSupreme Court of the United States · 1981
- State v. KennedyOregon Supreme Court · 1983
- State v. AtkinsonOregon Supreme Court · 1984
9 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
- Fulton v. PhiladelphiaSupreme Court of the United States · 2021
- Cooper v. Eugene School District No. 4JOregon Supreme Court · 1986
- Employment Division, Department of Human Resources v. SmithSupreme Court of the United States · 1988
- Smith v. Fair Employment & Housing CommissionCalifornia Supreme Court · 1996
23 more not listed; retrieve them via the Exa API.