Amendment to Law Aids Job Rights of Religious Persons

The first legislative proposal anywhere in the United States that would protect a religiously observant person from discrimination in employment because of the type of garb he wears for religious reasons, is contained in an amendment to the New York City Administrative Code submitted yesterday to the City Council by Mayor John V. Lindsay. The unique nature of the proviso was pointed out to the Jewish Telegraphic Agency by Marvin Schick, the Mayor’s assistant for inter-group relations.

According to Schick, it may be the first proviso of its kind in the history of Western law. He indicated that the principal beneficiaries would be Hassidim and other Orthodox Jews who wear yarmulkas and other unconventional types of dress because of their religious beliefs. The amendment would make it unlawful for an employer to deny any individual employment because of his religious practices, including the observance of special holy days and the wearing of special dress.

Schick said the proposal goes beyond the Sabbath observance laws adopted by the New York State legislature at its last session. He said the validity of the present law was challenged by a decision of the New York State Court of Appeals last year in the case of a non-Jew who was denied employment because he wore a beard in compliance with his religious beliefs. The court ruled against the complainant and in the course of the ruling hinted that the Sabbath observance statutes were challengeable, Schick said.

Lindsay’s proposal includes an accompanying provision that employes wherever possible make up the time taken off for religious observance. It would exempt employers who are able to prove that compliance would cause them undue economic hardship. It would not apply to employes in any position in public employment directly dealing with public health and safety who must be available for duty whenever needed. Schick said he expected the amendment to come up before the City Council within a few weeks.