Reference no: EM133339350

Case: Helen Troy is a nurse/social worker at the Federal Government's Veteran's Administration (VA) Hospital in Tulsa, Oklahoma.She is a born again Christian, and her religious beliefs require her to evangelize to others. She works in the critical care unit, where all the patients are seriously ill. Her job is to take care of these patients. In addition, she is to provide support and assistance to their families. Oftentimes, she finds herself spending a good deal of time with these patients or their families and discussing many non-medical issues, including politics, theater, and current events.

Nurse Helen also feels it is especially important to engage the patients in discussions of their spiritual beliefs, and to encourage them to consider accepting Jesus as their personal Savior. Nurse Helen is currently working with Janet, a terminally ill patient. Nurse Helen is generally persistent with all her patients but always polite and provides patients with Biblical tracts upon request. None of the patients or any family members have ever complained.

One of Nurse Helen's fellow nurses/social workers, Patricia Sanders, recently saw and overheard Nurse Helen talking to Patient Janet and sharing her religious views, while Janet was awake and resting quietly in her bed. Patient Janet raised her hand as if she were gesturing for Helen to stop talking and then quietly uttered the word "enough", but Helen ignored Janet and continued to evangelize and share her religious views about the afterlife. On another day Patricia also observed Helen handing out a brochure to Janet's family member about her religious beliefs and saw her handing the family member a brochure from her church which he respectfully declined. Helen said nothing more. Patricia was upset about Helen's actions actions and sent a written complaint to the Head of the VA Hospital. The Hospital informed Helen of the factual allegations against her, informed her that they were investigating the matter and directed Helen to stop discussing her religious beliefs with patients and their families while the allegations were ongoing. In response, Helen advised the hospital that her religion requires her to witness to non-believers and that she will not stop her activities. The Hospital fires her for her communications with patient Janet, handing out the brochure to Janet's family member, and for insubordination. Helen files a complaint alleging a violation of her rights to exercise her religion under the First Amendment.

Explain in detail Helen's First Amendment argument, the government's defense to Helen's argument, who you think will prevail and why. You are encouraged to rely upon the Guidelines on Religious Expression and Religious Freedom in the Federal Workplace in addition to any other material you wish. (Assume that the government followed appropriate due process procedures and focus only on the First Amendment issues with relevant cases like fulton v city of philadelphia or employee division v. smith. Further, there is no need to discuss the Religious Freedom Restoration Act).