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Fired Employees Sue Over Scientology-Based Business Model

By Howard M. Friedman

A religious discrimination lawsuit filed in California state court last month is beginning to attract attention around the blogosphere, such as this Dec. 20 posting by Scott Pilutik. The complaint (full text) in Godelman v. Diskeeper Corp., (L.A. Super. Ct., filed Nov. 5, 2008) alleges religious discrimination in violation of California's employment discrimination laws. Plaintiffs, who were fired by Diskeeper, claim that the business was operated under the "Hubbard Management System" which is "a thinly-veiled cover for the Scientology religion and its teachings." Employees were required to attend training courses that were essentially courses in Scientology. Plaintiffs seek damages, reinstatement and an injunction prohibiting the company from forcing any employee to study, adopt or apply the the Hubbard system.

In an unusual procedural move, defendants responded on Dec. 10 with a Motion to Strike the portions of plaintiffs' complaint that seek reinstatement and injunctive relief (full text of Motion and Memorandum in Support.) The memorandum argues that plaintiffs' injunction request seeks to shut down a company's entire business model on religious grounds. Defendants urge: "To the extent that the Hubbard Management System is inherently religious in nature, Mr. Jensen's choice to use it to conduct his business is protected by the First Amendment and the California Constitution." [Thanks to Dispatches from the Culture Wars for the lead.]

Full post as published by Religion Clause on December 26, 2008 (boomark / email).