2nd Circuit: Pregnancy Discrimination Claim Against Synagogue Can Proceed

In Shultz v. Congregation Shearith Israel of the City of New York, (2d Cir., Aug. 10, 2017), the U.S. 2nd Circuit Court of Appeals held that giving an employee a notice of termination of employment can be an "adverse employment action" under Title VII of the 1964 Civil Rights Act even though the notice is rescinded before the date that the firing becomes effective.  The court thus allowed a long-time Program Director for a New York synagogue to move ahead with her claim that she was given a termination notice because of disapproval of the fact that she was pregnant at the time of her recent marriage.  The court also allowed her to move ahead with her claim under the Family Medical Leave Act. [Thanks to Rabbi Michael Simon for the lead.]

Further Evidence Needed To Rule On Ministerial Exception Defense

In Stabler v. Congregation Emanu-El of the City of New York, (SD NY, July 28, 2017), a New York federal district court refused to dismiss a suit alleging gender, age and disability discrimination brought by the Librarian of a New York synagogue who says that she was subjected to a hostile work environment, unlawful discrimination, harassment, and retaliation.  Defendants asserted the "ministerial exception" doctrine as a defense. The court held, however, that development of a further factual record is necessary to determine whether plaintiff performed sufficient religious functions to be considered a ministerial employee.

Where Will Ivanka and Her Husband Pray?

Politico reported yesterday on the speculation swirling in Washington over which Orthodox synagogue "first-daughter" Ivanka Trump and  her husband Jared Kushner will make their religious home.  Many are suggesting that Georgetown's Kesher Israel is a front-runner.  Meanwhile The Forward speculates that the couple might opt for a private synagogue, or build a private one of their own, saying: "In-house worship spaces are a hot commodity for the observant wealthy."

Synagogue Cited For Loud Siren Marking Start of Sabbath

According to a report yesterday from WABC-TV News, New York City's Department of Environmental Protection (DEP) has issued a citation to a Brooklyn synagogue because of the loud siren it uses weekly to announce the beginning of the Sabbath.  The 106-decibel siren installed this summer by Congregation Bais Yaakov Nechemia D'satmar is sounded for 90 seconds twice each Friday-- about 15 minutes apart. A DEP hearing is scheduled for November 22.

Lawsuit Claims Kars4Kids Is Using Shell Synagogue To Hide Financial Dealings

Last week, an Orthodox synagogue, Young Israel of Eltingville, filed suit in a New York state trial court against the charity Kars4Kids alleging that the charity is improperly attempting to take over the synagogue located on Staten Island and use it to avoid filings with the Internal Revenue Service. The Forward, PixII, The Gothamist and an earlier New York Post article all report on the lawsuit and its background. In 2007, a former president of the synagogue-- attempting to save it from financial collapse-- entered an arrangement with Oorah, Inc., an Orthodox Jewish charity affiliated with Kars4Kids.  Oorah's name was placed on the deed to the synagogue in exchange for $250,000 and upgrades to the building. Young Israel says that the arrangement was for it to continue to used the sanctuary for worship, while Oorah would use the rest of the building for a preschool and adult classes.  An earlier dispute over whether Young Israel owes Oorah for some of the renovations is in state court after a religious court awarded Oorah $1 million.

In 2008, Rabbi Eliyahu Mintz, president of Oorah and Kars4Kids, incorporated Congregation Oorah and listed its place of worship as the Young Israel synagogue, even though Congregation Oorah apparently conducts no religious services.  In last week's lawsuit, Young Israel alleges that all of this was undertaken to create an entity that is exempt from filing Form 990 with the Internal Revenue Service. This, it is alleged, would allow Kars4Kids, which has a history of questionable financial dealings, to use Congregation Oorah to hide its activities.