web analytics
September 18, 2014 / 23 Elul, 5774
At a Glance
InDepth
Sponsored Post
Apartment 758x530 Africa-Israel at the Israel Real Estate Exhibition in New York

Africa Israel Residences, part of the Africa Israel Investments Group led by international businessman Lev Leviev, will present 7 leading projects on the The Israel Real Estate Exhibition in New York on Sep 14-15, 2014.



Sabbath Observing Professor Wins Signal Legal Victory

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:


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Sabbath Observing Professor Wins Signal Legal Victory”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Part of the Gush Etzion fence near Jerusalem
Cabinet to Vote Sunday on Cutting Gush Etzion Off from Jerusalem
Latest Indepth Stories
IDF lone soldier and  David Menachem Gordon (z"l).

Why has his death been treated by some as an invitation for an emotional “autopsy”?

Starck-091914

SWOT analysis: Assessing resources, internal Strengths&Weaknesses; external Opportunities&Threats.

Kohn-091914

Strategy? For the longest time Obama couldn’t be bothered to have one against a sworn enemy.

Miller-091914

Seventeen visual skills are needed for success in school, sports, and everyday life.

We started The Jewish Press. Arnie was an integral part of the paper.

Fear alone is substantial; without fusing it to beauty, fear doesn’t reach its highest potential.

Fortunate are we to have Rosh Hashanah for repentance, a shofar to awaken heavenly mercy.

Arab leaders who want the US to stop Islamic State are afraid of being dubbed traitors and US agents

National Lawyers Guild:Sworn enemy of Israel & the legal arm of Palestinian terrorism since the ’70s

A little less than 10 percent of eligible Democratic voters came out on primary day, which translates into Mr. Cuomo having received the support of 6.2 percent of registered Democrats.

The reality, though, is that the Israeli “war crimes” scenario will likely be played out among highly partisan UN agencies, NGOs, and perhaps even the International Criminal Court.

Peace or the lack of it between Israel and the Palestinians matters not one whit when it comes to the long-term agenda of ISIS and other Islamists, nor does it affect any of the long-running inter-Arab conflicts and wars.

Rather than serving as a deterrent against terrorist attacks, Israel’s military strength and capabilities are instead looked at as an unfair advantage in the asymmetrical war in which it finds itself.

Sisi:”The religious nature of the Middle East creates challenges for the governing authorities.”

More Articles from Editorial Board

A little less than 10 percent of eligible Democratic voters came out on primary day, which translates into Mr. Cuomo having received the support of 6.2 percent of registered Democrats.

The reality, though, is that the Israeli “war crimes” scenario will likely be played out among highly partisan UN agencies, NGOs, and perhaps even the International Criminal Court.

Peace or the lack of it between Israel and the Palestinians matters not one whit when it comes to the long-term agenda of ISIS and other Islamists, nor does it affect any of the long-running inter-Arab conflicts and wars.

His many articles on education showed great insight into the problems facing Jewish teachers in a changing student environment.

We cannot forget Secretary Kerry’s obsessive and relentless focus on the Middle East peace process.

The Jewish Press endorses Governor Andrew Cuomo in the Democratic Party gubernatorial primary election.

Reportedly, Egypt, Saudi Arabia, and the United Arab Emirates have formed a bloc that seeks to counter Islamist influence in the Middle East.

One wonders how the IDF could be expected to so quickly determine the facts.

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: