Employee Loses Sabbath Accommodation Claim

In Waltzer v. Triumph Apparel Corp., (SD NY, Feb. 18, 2010), a New York federal district court rejected claims under Title VII of the 1964 Civil Rights Act and under the New York City Human Rights Law by a former employee of an apparel manufacturer who wanted to leave work early on Friday afternoons to accommodate her observance of the Jewish Sabbath. Employee Marilyn Waltzer had two residences, a small apartment in New Jersey and a condo in Pennsylvania. She insisted on leaving work on Fridays as early as 1:00 while her employer insisted she work until 3:00 or 4:00. Waltzer's supervisor was unaware that Waltzer was commuting to Pennsylvania instead of New Jersey for the Sabbath. The court concluded that Waltzer had not shown religious discrimination because in months when sundown came early she was offered the opportunity to leave in time to get to her New Jersey apartment, or alternatively to work part time on Fridays. Waltzer concealed that she was commuting to Pennsylvania and instead told her employer she needed the earlier time off to go to the kosher butcher and prepare herself mentally for the Sabbath. [Thanks to Steven H. Sholk for the lead.]