Colpa Testifies for It Nyc Law Sought to Strengthen Employes’ Religious Job Rights

Approval of an amendment to the New York city administrative code which would permit workers to observe without penalty the requirements of their religion on jobs in both public and private employment in the city was urged today before a City Council committee by a spokesman for the National Jewish Commission on Law and Public Affairs (COLPA).

Dennis Rapps, executive director of COLPA, testified before the council’s labor and welfare committee for the association of Orthodox Jewish attorneys and social scientists. He strongly urged that the council adopt the proposed amendment under which an employer could not refuse to hire a job applicant or fire an employe who refused to comply with general employment policies because they would conflict with the dictates of his religion. Employers would be required, under the proposed amendment, to make reasonable accommodation to employes or prospective employes in connection with their religious needs unless to do so would result in undue hardship to the employer.

The measure for which Rapps testified was initially prepared by COLPA which then assisted the counsel of the New York City Commission on Human Rights in preparing the final draft which was presented to the council committee today by Rapps. The COLPA representative said the amendment would strike “a reasonable balance between the needs of a significant number of New Yorkers and the legitimate interests of the employers in this city.”

He said COLPA had for many years “been involved on the federal, state and local levels in drafting and enactment as well as in helping to enforce this type of protection.” He said COLPA had “assisted hundreds of people with this problem.” He added he could state “categorically that it is a rare case that an accommodation could not be accomplished with a good faith effort,” He said it was “ludicrous on the one hand for us to claim we have religious freedom in this country while at the same time deny the right to observe our religion free from economic coercion.”

Rapps noted that COLPA had recently obtained passage of an amendment to the federal Civil Rights Act of 1964 which provides such protection on a nation-wide basis. However, he added, its provisions cover only firms in interstate commerce. The proposed amendment, he pointed out, would “extend this basic protection to all New York City citizens.”

He cited the greater enforcement powers of the city Human Rights Commission, which would administer the provisions of the amendment, over those of the federal human rights agency, the Equal Employment Opportunity Commission. He added that. “from an enforcement standpoint, it is imperative that the city commission on human rights be clearly authorized to deal with this problem.”

Howard Rhine, COLPA president, said an adopted amendment “would strengthen the effectiveness of COLPA’s already substantial enforcement aid program in this area,” He said COLPA provides free representation to observant Jews who are either fired or denied employment because of their religious observances. He said COLPA had increased the number of volunteer attorneys who will be available to help deal with such problems.

There is now a New York state law which provides such protection in the field of Sabbath observance and which covers New York City. However. COLPA officials noted, the proposed city amendment would also cover such matters as the right to wear skullcaps and other religious garb, as well as holy days other than the Sabbath. COLPA officials said that if the council committee reports the amendment out favorably to the whole City Council, early passage is likely, with approval by the Mayor a matter of form.