California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1256-6 - Voluntary Leaving -Good Cause -Conscientious Objection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope. This section relates to whether
						  good cause exists to leave most recent work when an individual leaves work due
						  to conscientious objection to the work conditions or work assigned. Sections
						  1256-1,
						  1256-2, and
						  1256-3 of these regulations set
						  forth general principles also applicable under this section.
(b) Religious, Ethical, or Philosophical
						  Beliefs. If an individual has, or after working for a time newly acquires, a
						  conscientious objection to the work conditions or assigned work based on
						  religious beliefs founded on the tenets or beliefs of a church, sect,
						  denomination, or other religious group, or on ethical or philosophical grounds,
						  an individual's voluntary leaving of the most recent work based on religious
						  beliefs or other grounds is with good cause if all of the following conditions
						  are met:
(1) If religious beliefs are
						  involved, the tenets or beliefs of the religious group expressly forbid the
						  adherent from engaging in the assigned work or meeting the work
						  conditions.
(2) The conscientious
						  objection is bona fide and not a sham or a means of avoiding work.
(3) The individual has, whenever feasible,
						  sought other means, such as transfer to other work to resolve the conscientious
						  objection before voluntarily leaving the work.
(4) The work or work conditions have a
						  direct, rather than an indirect or incidental, relationship to the individual's
						  religious, ethical, or philosophical beliefs.
(5) The individual was not aware of the
						  objectionable aspects of the work at the time he or she was hired, or the
						  conscientious objection arose later when the individual first acquired the
						  belief on which the conscientious objection is based.
EXAMPLE 1. A objects to liquor based on religious
							 beliefs. A works in a restaurant which serves no intoxicating beverages. The
							 religious beliefs expressly forbid adherents from engaging in work on any
							 premises where liquor is sold. The restaurant applies for and obtains an
							 on-sale liquor license. The restaurant is part of a chain of several
							 restaurants in the area. Other outlets do not serve intoxicating beverages. A
							 requests that the employer transfer A to another restaurant in the chain in
							 which A could work without violating religious beliefs. The employer refuses
							 the transfer, even though the employer has no valid business reason to refuse
							 A's request. A leaves the work due to adherence to the objections to liquor
							 based on religious beliefs.
A's leaving is with good cause based on religious
							 beliefs.
EXAMPLE 2. On ethical grounds, B is opposed to war
							 and objects to work which directly relates to military activities. B works for
							 an employer not engaged in any war-related activity. The employer decides to
							 start producing bombs and assigns B to this project. B leaves the work due to
							 ethical objections to the project.
B's leaving is with good cause based on ethical
							 conscientious objections.
EXAMPLE 3. C accepts work with full knowledge that
							 Saturday work is required contrary to C's religious beliefs. After working on
							 Saturdays, for some weeks, C leaves the work due to eventual refusal of the
							 Saturday work.
C's leaving is without good cause because C was aware
							 of the Saturday work requirement when C was hired.