Daniel M. Berry v. Department of Social Services, Tehama County Bill Snelson, Director

Daniel M. Berry filed this lawsuit alleging that his public employer, the Tehama County Department of Social Services (“Department”), was violating his rights under the First Amendment of the United States Constitution and Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., by prohibiting him from discussing religion with his clients, displaying religious items in his cubicle, and using a conference room for prayer meetings. The district court granted summary judgment in favor of the Department, Mr. Berry appealed, and we affirm. Applying the balancing standard set forth in Pickering v. Board of Education, 391 U.S. 563 , 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968), we conclude that the Department has successfully-navigated between the Scylla of not respecting its employee’s right to the free exercise of his religion and the Charybdis of violating the Establishment Clause of the First Amendment by appearing to endorse religion. Specifically, we hold that the public employer’s interests in avoiding violations of the Establishment Clause and in maintaining the conference room as a nonpublic forum outweigh the resulting limitations on Mr. Berry’s free exercise of his…