Sherbert v. Verner

Not all claimants who declined available work were disqualified from receiving unemployment benefits under the South Carolina scheme. Consider the following provisions of the South Carolina Unemployment Compensation Act (374 U.S. at 400 n.3):

[section]68-114. Disqualification for benefits.-Any insured worker shall be ineligible for benefits: * * *

‘(2) Discharge for misconduct.-If the Commission finds that he has been discharged for misconduct connected with his most recent work prior to filing a request for determination of insured status or a request for initiation of a claim series within an established benefit year, with such ineligibility beginning with the effective date of such request, and continuing not less than five nor more than the next twenty-two consecutive weeks (in addition to the waiting period), as determined by the Commission in each case according to the seriousness of the misconduct * * *

‘(3) Failure to accept work.-(a) If the Commission finds that he has failed, without good cause, (i) either to apply for available suitable work, when so directed by the employment office or the Commission, (ii) to accept available suitable work when offered him by the employment office or the employer or (iii) to return to his customary self-employment (if any) when so directed by the Commission, such ineligibility shall continue for a period of five weeks (the week in which such failure occurred and the next four weeks in addition to the waiting period) as determined by the Commission according to the circumstances in each case * * *.

‘(b) In determining whether or not any work is suitable for an individual, the Commission shall consider the degree of risk involved to his health, safety and morals, his physical fitness and prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation and the distance of the available work from his residence.’

What does "good cause" mean? What kind of work is "suitable" for a particular claimant?

Suppose a lawyer is laid off and refuses an offer to work as a bus boy at a local restaurant. Is the lawyer still eligible for unemployment benefits? Suppose a plumber refuses to work as a corn detasseler? Suppose a ballet teacher refuses to work at a bar as an exotic dancer? Who decides whether the refusal to work is for "good cause" and whether the refused work is "suitable?"

Should this affect Mrs. Sherbert's rights under the Free Exercise Clause?