2nd Circuit: Jewish Parole Division Employee May Proceed With Hostile Work Environment Claim

In Leifer v. New York State Divsion of Parole, (2d Cir., Aug. 23, 2010), the U.S. 2nd Circuit Court of Appeals rejected Title VII religious discrimination and retaliation claims by a Jewish employee of the New York Division of Parole. Plaintiff complained that mandatory meetings were scheuduled on the Jewish holiday of Rosh Hashanah in 2001 and Shavuot in 2003. The court concluded that plaintiff's religious exercise was accommodated when he was excused from attending the meetings. He did not show any material change in the terms and conditions of his employment as a result of his missing the meetings. However the court did  conclude that plaintiff was entitled to go to trial on his charge of a hostile work environment. The court said: "Leifer presents evidence of six interactions with his supervisors over a three-year period which implicate his religion.... [A] reasonable jury could find the interactions to be sufficiently hostile to have altered his employment conditions for the worse."