An activities aide worked at a private, for-profit nursing home. Her job responsibilities included reading newspapers to

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An activities aide worked at a private, for-profit nursing home. Her job responsibilities included reading newspapers to residents, playing games with them, performing a nondenominational devotional reading, and keeping residents entertained. She was called in to work on an off day and assigned to a different building than her normal assignment. During the shift, a coworker asked her to pray the rosary with a Catholic resident. The aide refused, saying that she was not Catholic and it was not her religion, but if the coworker wanted to conduct the rosary herself, she was welcome to do so. The aide was raised as a Jehovah’s Witness, but she was no longer a member of any denomination and she did not practice any religion. Word of the refusal got back to a supervisor who said that the refusal to pray the rosary with a resident constituted “insubordination.” The aide was terminated. She sued. What should the court decide? Why?

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