Silo v. CHW Medical Foundation

In Silo v. CHW Medical Foundation (2002) 27 Cal.4th 1097, the court held that although there was a fundamental policy against religious discrimination in employment, the state and federal free exercise and establishment clauses give religious organizations some latitude in choosing employees to define their religious mission. "Therefore, the public policy of against religious discrimination in employment must be qualified by the public policy of permitting religious employers considerable discretion to choose employees who will not interfere with their religious mission or message." (Ibid.) The court concluded there was no public policy that prohibits a religious employer from terminating an employee because of his or her objectionable religious speech in the workplace. (Id. at p. 1109.)