It seems to me that the basic issue is whether an employer has the right to control the activities of its employees when they are not on the job. The answer to that has evolved over the years, and the evolution has been overwhelmingly in the direction of No. An employers legitimate concern is performance and control of an employee in activity related to the companys business, for which the employee is compensated, but does not extend to employee activities that are private and not related to job performance. The question then becomes, what is employer-provided health insurance? Is it a form of compensation provided in return for the employees work? Or is it a mechanism through which the employer can be permitted to control activities in the employees private life? When an employer provides compensation to an employee for work performed, does the employer have the right to dictate, on grounds of the employers religious beliefs, how the employee uses that compensation?
Posted on: Wed, 26 Mar 2014 15:52:26 +0000
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