Reinstatement Precludes Pregnancy Discrimination Suit Against Synagogue

In Shultz v. Congregation Shearith Israel of the City of New York, (SD NY, Aug. 15, 2016), a New York federal district court dismissed (with leave to amend) a pregnancy discrimination lawsuit brought by Alana Shultz, the long-time program director of a New York City Upper-West Side Orthodox Jewish congregation. Plaintiff claimed that the purported elimination of her job position when she returned from her honeymoon was a pretext for firing her because she had been pregnant at the time of her marriage.  When Shultz threatened to sue, the congregation reinstated her to her position. (See prior related posting.) The court held that Shultz's reinstatement eliminated any adverse job action-- a prerequisite to an employment discrimination claim-- saying:

 An employer may validly rescind a termination merely to avoid liability, even begrudgingly, so long as the employer restores the employee to her position with no material change or consequence. 

Courthouse News Service reports on the decision.

Suit Against Synagogue Alleges Pregnancy Discrimination

New York Post reports on a pregnancy/ gender discrimination lawsuit filed in New York federal district court against the elite Upper-West Side Orthodox Jewish congregation, Shearith Israel, by its long-time program director, Alana Shultz. According to the complaint (full text) in Shultz v. Congregation Shearith Israel of the City of New York, (SD NY, filed 9/22/2015), the congregation fired Shultz (under the pretext of a staff restructuring) after she informed her supervisor that she was 19 weeks pregnant when her Orthodox Jewish wedding ceremony was performed.  The dismissal took place when Shultz returned from her honeymoon 23 weeks pregnant.  After Shultz hired counsel, the synagogue offered to hire her back, but Shultz refused. The complaint alleges violations of New York city and state anti-discrimination laws and the federal Family Medical Leave Act.  The suit does not allege violations of the federal Pregnancy Discrimination Act, presumably because of the exemption for religious institutions.

UPDATE: Congregation Shearith Israel denies the allegations in the complaint and says Shultz is still employed, receiving the same compensation and benefits, even though she has not bee at work since Aug. 14. (Forward, 9/27).