Title VII Claim Against Orthodox Jewish Organization Dismissed

In Wechsler v. Orthodox Union, 2008 U.S. Dist. LEXIS 105780 (SD NY, Jan. 5, 2009), a New York federal district court dismissed a Title VII religious discrimination and retaliation complaint brought against the Orthodox Union. The court held that Section 702 of the 1964 Civil Rights Act (42 USC Sec. 2000e-1) exempts religious organizations from religious discrimination claims under the Act. The Orthodox Union is an Orthodox Jewish organization that, among other things, operates a kosher certification agency. Plaintiff was employed by the OU as a mashgiach (kosher inspector) at a New York restaurant and apparently was fired based on his religious observance. The court rejected plaintiff's argument that applying the exemption in Sec. 702 to this case would violate the Establishment Clause and held that the OU's denial of religious discrimination does not take the case out of the exemption.