Meltebeke v. Bureau of Labor and Industries

Judge Riggs

dissented, reasoning that “freedom from religion is entitled to the same level of constitutional * * * protection in the workplace” as “freedom to practice religion.” Id. at 293 (emphasis in original). He would hold that “[c]onduct is not always protected merely because someone chooses to invoke constitutional guarantees of expression or religion” and that “the intensity of uninvited religious proselytizing by [Employer] constituted common harassment and religious discrimination” that was not constitutionally protected. Ibid.

Allowing BOLI’s petition for review, this court now holds…