Court Rejects Employee's Discrimination and Establishment Clause Claims

In Menes v. City University of New York Hunter College, 2008 U.S. Dist. LEXIS 73304 (SD NY, Sept. 25, 2008), a New York federal district court rejected an Establishment Clause claim and a Title VII religious discrimination in employment claim brought by Herman Menes, an accountant who works at Hunter College. Menes unsuccessfully objected to various "religious displays"—including angel figurines on a ledge in his supervisor’s cubicle, posters that were displayed around St. Patrick’s Day, Thanksgiving and Christmas, a Christmas tree and menorah that were displayed in December in the Bursar’s Office and at an office party, and a Time Magazine cover featuring the Pope that was left in obvious view of the office printer. Menes' religious discrimination claim alleged that another employee "was permitted to leave work to attend religious functions without loss of pay … while Plaintiff was reprimanded for leaving the office during work hours."