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Plaintiff Michelle Howard was a Children's Protective Services (CPS) employee of the state's Family Independence Agency, and also a Pentecostal Christian and licensed missionary. During an unannounced visit by Howard to a client's home, the client suffered a seizure. The client had been drinking alcohol, which enhanced her susceptibility to seizures, and had failed to purchase medicine to alleviate the seizures. Howard believed the seizure to be “demonic in nature, rather than medically related.” Among other things, Howard claimed that the client “began to speak in a different language” and had “come up [ie, levitated] from the floor.” In lieu of seeking medical attention, Howard instead prayed for the client and poured water on the client's mouth. The client's 6-year-old son was present during the seizure.

A week later, the client called the CPS office and complained that during the seizure, Howard had laid “her on the floor, pushed on her stomach, threw up on her, sprinkled water on her face, and told her that she had to drive the demons out.” Further, Howard told the client that she would “return another time to finish driving out the demons.” During a subsequent investigation, Howard denied that she had thrown up on the client or pushed her stomach, or saying that she would return. Howard did say that she had prayed over the client and anointed her with water (because oil was not readily available). Howard's supervisor determined that her behavior violated three employment rules, and brought religion into the performance of her duties. As a result, Howard was fired. She brought suit under the Eliot-Larsen Civil Rights Act, claiming religious discrimination. CPS filed a motion for summary disposition, which was denied by the trial court without explanation; CPS appealed.

On appeal, the court reversed the denial of the motion for summary disposition. The court held that Howard did “not present[] any evidence that a similarly situated CPS worker with different religious beliefs would not have been terminated if he had engaged in” similar conduct. Further, “[t]here [was] no evidence that [Howard] was discharged because her conduct at [the client's] home was specifically Pentecostal Christian in nature.”

The court further noted that Howard “was not terminated for merely praying at the office or bringing her religion into the workplace,” but rather “because the practice of religion with a client caused her to violate several employment rules.” The three employment rules broken were: 1) relating to the public in a manner which arouses justifiable criticism of the employee, the agency, or the state; 2) engaging in a course of conduct that would cause another individual to feel terrorized, intimidated, harassed or molested; and 3) committing behavior that is physically assaultive.

MICHIGAN

Pentecostal Christian Employee Not Terminated Because of Her Religion

The Court of Appeals of Michigan has held that a Pentecostal Christian case worker, who tried to cast out demons from a client suffering from a seizure and who did not call for medical help, was not terminated because of religious discrimination. Howard v. Family Independence Agency, 2004 WL 243375 (Mich. App. Feb. 10, 2004).

Plaintiff Michelle Howard was a Children's Protective Services (CPS) employee of the state's Family Independence Agency, and also a Pentecostal Christian and licensed missionary. During an unannounced visit by Howard to a client's home, the client suffered a seizure. The client had been drinking alcohol, which enhanced her susceptibility to seizures, and had failed to purchase medicine to alleviate the seizures. Howard believed the seizure to be “demonic in nature, rather than medically related.” Among other things, Howard claimed that the client “began to speak in a different language” and had “come up [ie, levitated] from the floor.” In lieu of seeking medical attention, Howard instead prayed for the client and poured water on the client's mouth. The client's 6-year-old son was present during the seizure.

A week later, the client called the CPS office and complained that during the seizure, Howard had laid “her on the floor, pushed on her stomach, threw up on her, sprinkled water on her face, and told her that she had to drive the demons out.” Further, Howard told the client that she would “return another time to finish driving out the demons.” During a subsequent investigation, Howard denied that she had thrown up on the client or pushed her stomach, or saying that she would return. Howard did say that she had prayed over the client and anointed her with water (because oil was not readily available). Howard's supervisor determined that her behavior violated three employment rules, and brought religion into the performance of her duties. As a result, Howard was fired. She brought suit under the Eliot-Larsen Civil Rights Act, claiming religious discrimination. CPS filed a motion for summary disposition, which was denied by the trial court without explanation; CPS appealed.

On appeal, the court reversed the denial of the motion for summary disposition. The court held that Howard did “not present[] any evidence that a similarly situated CPS worker with different religious beliefs would not have been terminated if he had engaged in” similar conduct. Further, “[t]here [was] no evidence that [Howard] was discharged because her conduct at [the client's] home was specifically Pentecostal Christian in nature.”

The court further noted that Howard “was not terminated for merely praying at the office or bringing her religion into the workplace,” but rather “because the practice of religion with a client caused her to violate several employment rules.” The three employment rules broken were: 1) relating to the public in a manner which arouses justifiable criticism of the employee, the agency, or the state; 2) engaging in a course of conduct that would cause another individual to feel terrorized, intimidated, harassed or molested; and 3) committing behavior that is physically assaultive.