Chillul Tefila Bifarhesia, as well as halachicly challenged verbiage and dress, are external manifestations of a critical lack of personal yiras shomayim which has lethal consequences.
A Sabbath-observant Orthodox Associate Professor of Education at William Paterson College, a state-run university in New Jersey, won a resounding landmark victory from a federal court of appeals in her religious-discrimination lawsuit. A unanimous Court of Appeals for the Third Circuit issued a 38-page opinion sending the claims of Dr. Gertrude Abramson back to trial court for a full jury trial on her allegations that she had been subjected to a ''hostile work environment'' because of harassment relating to her observance of the Sabbath and Jewish religious holidays. The Court also upheld her claims that her employment had been terminated because she observed religious holidays, and that the College retaliated against her because she maintained her religious observance.
Professor Abramson's appeal was supported by a friend-of-the-court brief filed by The National Jewish Commission on Law and Public Affairs (''COLPA''). Nathan Lewin, the internationally renowned constitutional litigator, wrote the amicus curiae brief and presented part of the oral argument in Philadelphia before the Court of Appeals on behalf of Professor Abramson. Circuit Judge Samuel A. Alito, Jr. quoted the following language from Mr. Lewin's amicus curiae brief in his short concurring opinion:
When an employer deliberately reschedules important meetings for Friday afternoons, the message to an Orthodox Jewish employee is clear as a bell. Such rescheduling tells the employee that continued observance of his or her faith will be viewed as incompatible with adequate job performance. Repeated requests that work be done on Saturdays or Jewish holidays ? or telephone messages left on a Jewish religious holiday demanding an 'immediate' response ? are aimed directly at an employee's religious observance. Criticism of an employee's effort to reconcile his or her schedule with the observance of Jewish holidays delivers the message that the religious observer is not welcome at the place of employment.
Professor Abramson advised the chairman of her department when she began teaching at the college that she would not be able to teach on Jewish holidays. The chairperson of her department questioned her unavailability on Friday nights and Saturdays, and scheduled faculty meetings for Friday afternoons. The College's tenure committee commended Professor Abramson's work and recommended her for early tenure, but that decision was overruled by the Dean and the President of the College.
The trial judge ruled that the President's decision was based on grounds other than religious discrimination and granted summary judgment in favor of the College. Judge Marjorie O. Rendell of the United States Court of Appeals said that there was ''ample evidence to support Abramson's religious discrimination claim'' and ''ample proof'' of a causal connection between her complaints of religious discrimination and the president's decision to deny tenure and terminate her employment.
Lindsay N. Feinberg, the New York City attorney who represented Professor Abramson, called this a ''grand-slam victory for Dr. Abramson'' that accepted all of her arguments.
Mr. Lewin expressed the hope that this overwhelming victory will be a precedent that will enable other religiously observant Jewish employees to prevail over discrimination in the workplace.
We are gratified with this result and salute Nat Lewin, a Vice-President of COLPA, for his continuing, indefatigable efforts in defense of our right to fully participate in all aspects of American society. It was Mr. Lewin who actually drafted the federal law that requires employers across the country to reasonably accommodate the religious needs of employees on the job.
About the Author:
You must log in to post a comment.
Neither Secretary of State Kerry nor the president he serves seem to understand Russia’s goals in the Middle East.
You might think that six Khamenei followers might split the hardline vote but don’t worry as that will be taken care of in the ballot-counting if necessary.
To assume that your opponents have any decency, as the Republicans habitually do, is to be left behind in Politics 1.0.
Ahmadinejad may plan to reveal proof that the 2009 elections were rigged if his candidate’s registration for presidential candidacy is not accepted.
With a ‘friend’ like Erdogan, Obama’s policy toward Syria, Iran, the advance of revolutionary Islamism, and the Israel-Palestinian “peace process,” is in serious trouble.
The media loved Obama, but it discovered early on that he did not love it back.
Are we to believe that these Jews who were devout and pious were being punished?
How far the PA will go to present the lie as the truth and the truth as a lie? Its claim that Jesus was a Palestinian is old hat. But now the “resurrection” also refers to “the Palestinian state.”
The progressive consolidation imagines that organization can contain the messier side of man.
The Russian Yakhont missiles already delivered to Syria threaten Israel Navy ships carrying out vital missions in the Mediterranean.
Islamism represents the transformation of Islamic faith into a political ideology.
America could be said to be building a united front against Iran, but at what price?
The Japanese do not feel the need to apologize to Muslims for the negative way in which they relate to Islam.
Palestinian youths from Hebron, though, who met with Israelis near Bethlehem to share their problems and insights have been forced to issue a statement distancing themselves from the meeting.
Benghazi isn’t likely to keep Hillary out of the Democratic field in 2016, but after 2008, she is justifiably paranoid.
Two recent revelations have raised serious questions about the kind of government President Obama is running.
We were dismayed by the announcement last week from Google that it was changing the name “Palestinian Territories” to “Palestine” across its products. In explaining the action, a Google spokesman said that “We consult a number of sources and authorities when naming countries…. In this case, we are following the lead of the UN, ICANN (the Internet Corporation for Assigned Names and Numbers), ISO (International Organization for Standardization) and other international organizations.”
It seems clear that there is a lot more to the current developments regarding Syria than Israel’s bombing some sites there, though staunching the flow of Iranian weapons to Hizbullah through Syria is plainly a significant objective.
Secretary of State John Kerry’s recent embrace of the Arab Peace Initiative is, to say the least, unnerving. Certainly the response of Arab leaders to his action reflects the dangers for Israel inherent in the plan. President Obama seems to be preoccupied these days with Syria and Iran as well as serious domestic issues and is largely leaving the Israeli-Palestinian conflict to Mr. Kerry. But the secretary of state seems poised to roil things up without any prospect of real progress.
Syria’s civil war is fast becoming one of the Obama administration’s greatest foreign policy challenges, for the moment even surpassing Iran’s march toward nuclear weaponry in its urgency. Together, both issues have effectively derailed the president’s long-range intention to focus on Asia and the emerging economic and military developments in China and other nations in the so-called Asian Pivot.
The investigation into the Boston bombings is still in its early stages but what seems to be emerging is that the presumed perpetrators were not directly linked to any foreign terrorist infrastructure. Rather, they were individual Americans radicalized by jihadist teachings and guided in their weapons-making by jihadist websites.
During the run-up to the confirmations of Secretary of State Kerry and Secretary of Defense Hagel, we and others forcefully challenged the latter over statements he had made about Iran and Israel, and were more favorably inclined toward the former.
This week Jews around the world celebrated Yom Ha’Atzmaut, Israel Independence Day. Sixty-five years ago on the day before the British mandate over Palestine was set to expire, the Jewish People’s Council, comprised of the political leadership of the Jewish residents of Palestine, proclaimed the establishment of the State of Israel.
Printed from: http://www.jewishpress.com/indepth/editorial/sabbath-observing-professor-wins-signal-legal-victory/2001/08/22/
Scan this QR code to visit this page online: