2nd Circuit Permits NY Corrections Officers To Proceed With Religious Bias Claim

Yesterday, in Bey v. City of New York, (2d Cir., Dec. 19, 2006), the U.S. 2nd Circuit Court of Appeals reversed a New York district court's grant of summary judgment in a religious discrimination claim by two former New York City corrections officers who were fired after it was discovered that they filed false tax documents claiming that they were not subject to state and city income tax. Plaintiffs claim that out of the nearly 1,000 employees found to have filed false documents-- but who were not arrested and charged with tax violations-- the only employees who were fired were those who were (or were believed to be) members of the Moorish faith. The court held that plaintiffs may proceed to trial with their claim that they were singled out for special discipline because of their religious beliefs. A report by the Associated Press yesterday reports on the decision.