Able and Available AA 90 - Fact Finding Guide

Conscientious Objection Based On Religious, Ethical, Moral or Philosophical Beliefs

If the claimant is restricting his/her availability to part-time work, it must first be determined whether the claimant meets the part-time work criteria under UI Code Section 1253.8 (refer to BDG AA5 for a complete discussion of the part-time work criteria).

  • If the claimant meets the criteria to restrict to part-time work under UI Code Section 1253.8, no further investigation is necessary. The claimant would be approved for part-time work regardless of the reason why the claimant is restricting his/her availability.
  • If the claimant does not meet the criteria to restrict to part-time work under UI Code Section 1253.8, then the claimant’s eligibility must be adjudicated under UI Code Section 1253 (c). Continue with the fact finding questions below.

Religious Beliefs

  1. Does the claimant claim a sincere religious belief or conviction?
  2. Is the claimant’s belief predicated upon religion?
  3. Does the claimant consistently follow the belief or conviction in his or her life?
  4. Since acquiring the belief or conviction, has the claimant worked under conditions now found by the claimant to be forbidden?
  5. What effect does the claimant’s restriction have upon his or her attachment to the labor market?
  6. (Jaffe cases) Was the claimant’s restriction due to a religious holiday, and were the working conditions imposed by the faith?

Ethical, Moral, or Philosophical Beliefs

  1. Does the claimant claim an ethical, moral, or philosophical belief?
  2. Is the claimant’s belief predicated upon religion?
  3. Does the claimant consistently follow the belief or conviction in his or her life?
  4. Since acquiring the belief or conviction, has the claimant worked under conditions now found by the claimant to be forbidden?
  5. What effect does the claimant’s restriction have upon his or her attachment to the labor market?