Orthodox Jew loses job over 'observing Passover'

Passover

Religious rights – under fire nationwide, from demands that Christian colleges promote homosexuality to forcing nuns to pay for abortion drugs – are the focal point of a new case in the 4th Circuit Court of Appeals.

There, an Orthodox Jew is alleging she was dismissed from her job at a quasi-governmental authority, the Metropolitan Washington Airport Authority, because she observed Passover.

That, according to friend-of-the-court brief filed by The Becket Fund, is outrageous. And a spokesman says the same attitude "didn't work out so well for Pharoah."

"It takes some chutzpah for the government to punish a Jewish woman for celebrating Passover," said Eric Rassbach, the organization's deputy general counsel.

The Old Testament records how Pharoah's army of workers, the Jewish people, were freed from his grasp by God's power through a series of plagues when he refused to allow them time for their religious observances.

The airport authority dispatched an email statement to WND that said the district court judge "determined that the claims of religious discrimination lacked merit."

"We have no additional comments beyond the filings in the case."

Susan Abeles, who worked for the airport authority 26 years, had been allowed time each year to observe Passover in accordance with her religious faith.

In 2013, she followed the same procedure she had in previous years, giving her supervisors notice of her plans and several reminders.

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"However, when she returned to work, her superiors accused her of failing to follow proper protocol for obtaining leave," Becket explained. "Eventually they forced her into early retirement."

The case was dismissed at the lower court because of the airport authority's claims of improper procedures.

But Becket's brief notes that the agency, even though it was set up by Congress and given authority by Congress, now alleges it has nothing to do with the federal government.

"As the same time, MWAA says it is not subject to state laws either," Becket explained. "That would lead to the absurd and frightening result that MWAA is a law unto itself. MWAA would not have to follow the federal Religious Freedom Restoration Act (RFRA) or Virginia religious freedom laws, giving it free rein to avoid many anti-discrimination laws."

The new friend-of-the-court brief argues the airport authority is not exempt from anti-discrimination laws.

"Can a governmental entity wielding the full force of law, armed with police and eminent domain powers and tasked with the oversight of two of the busiest airports in the country, properly declare itself exempt from the reach of both state and federal anti-discrimination law? ... The law says no," it argued.

The crux of the case is that while Passover lasts eight days, Orthodox Jews are forbidden to work on the first two and the last two days.

Millions of Orthodox Jews like Abeles have observed Passover for thousands of years, yet the brief charges the MWAA's policy is to ignore the important religious holiday.

"This case is just one more example of the rampant antisemitism that Orthodox Jews face every day," Rassbach said. "In recent years there has been a concerted effort to keep the Orthodox out of certain neighborhoods, out of certain schools, and out of certain jobs. The Fourth Circuit can send a strong message in favor of interreligious understanding by recognizing MWAA's duty to provide reasonable accommodations to believers."

The brief, with which the American Jewish Committee joined, said: "Passover has been observed by millions of Jews for thousands of years. It is the quintessential human story of an unjust ruler who seeks to impose his will on a disfavored minority, but who is eventually thwarted by divine intervention. Passover has been a vital link between generations of Jews over the centuries, wherever they have lived. Its observance – particularly the recounting of the Passover history every year during the Passover seder – has been part of how Judaism has been able to continue existing despite the many tragedies of Jewish history."

But for the airport managers, the brief explains, "none of that matters."

"It's position is that it can ignore Passover entirely: As long as it does not act out of outright hostility toward Jews, it can penalize Jews for observing Passover."

But legally, the brief states: "Title VII requires that employers make reasonable accommodations for religious employees just as they do for disabled employees. And governments like the authority are liable if they fail to make those reasonable accommodations, regardless of their officials' state of mind with respect to the protected characteristic."