Transit Authority Ordered to End Bias Against Observant Jews

An order by the New York State Division of Human Rights that the New York City Transit Authority must stop an employment policy barring observant Jews from employment has been upheld by the division’s appeals board, the National Jewish Commission on Law and Public Affairs (COLPA) reported today. The division had ruled that the Transit Authority may not deny jobs to such Jews even if accommodating their inability to work during the Jewish Sabbath conflicts with the Authority’s collective bargaining agreements, according to Howard Rhine, COLPA president.

Under the April 10 appeals ruling, the TA must reinstate the complainant, an Orthodox Jewish bus driver who was fired for refusing to work on Saturdays. Rhine said that, in addition, he must be given all back pay and scheduled for a tour of duty that does not conflict with his religious observances. The TA also is required to conform to a non-discriminatory policy hereafter in which “no person is to be disqualified from obtaining or holding employment because of his observance of a Sabbath or other holy day in accordance with the requirements of his religion,” Rhine said.

The driver was represented by Howard Zuckerman, a COLPA vice-president, who was assisted by Dennis Rapps, COLPA executive vice-president. The case was filed under the New York State Executive Law which generally requires employers to make accommodation to Sabbath observers except for very limited situations.

TA VIEW NOT A DEFENSE AGAINST CHARGES

The TA had contended that it was relieved of the requirement because of the seniority provisions of its collective bargaining agreement with its unions, covering all job assignments. The Authority also argued that because passengers must be transported safely, it was also exempt under the “health and safety” rule of the state law. That rule relieves the employer of the duty to accommodate when that would compromise the health and safety of the public.

The appeals board held that in Sabbath observer cases, “seniority provisions of collective bargaining agreements as a matter of law are not a defense against charges of unlawful discrimination.” The board also held that the only question relating to the public health and safety rule is the manner in which the operator drives his vehicle, which it said was totally unrelated to the operator’s availability on the Sabbath or other religious day. Zuckerman said the appeals board had implemented the intent of the legislative protection for Sabbath observers. He said he hoped the ruling would have “a salutary effect on employment opportunities in union situations.”