THE DETROIT JEWISH NEWS

16 • Friday, April 29, 1977

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Supreme Court to Rule on Constitutionality
of Job Protection for Religious Em ployees

By BEN GALLOB

(Copyright 1977 JTA, Inc.)

Arguments were com-
pleted at the end of March
in the United States Su-
preme Court on what may
be the first definitive test
case of the constitutionality
of the federal law which re-
quires employers to "rea-
sonably accommodate" a re-
ligiously observant employ-
ee or prospective employee.
According to the National
Jewish Commission on Law
and Public Affairs
(COLPA), which has been
active in the case, the only
qualification of the 1972
amendment 'drafted by
COLPA to the Civil Rights

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The COLPA brief—and
Act of 1964 is that the em- to specific rulings of approv-
Lewin in his appearance be-
ployer need not make such al or rejection, and a defini-
fore the court—while con-
"accommodation" if he can tive ruling is not a cer-
tending that the accom-
prove it would create tainty.
modation measure does not
"undue hardship - to his
Kwestel said the issues be-
violate these conditions,
business.
fore the Supreme Court in
argues that those conditions
Sidney Kwestel, COLPA the Hardison case are
are "simply inadmissable"
president, said the case whether the First Amend-
when a governmental
could have a profound im- ment's ban on estab-
agency is not granting ben-
(pact on job protection for lishment of religion is vio-
efits or setting up a special
observant Jews. He said lated by requiring employ-
that while the amendment
ers to make accom- program, and is only acting
"reasonably" to shield reli-
is not restricted to pro- modations for an
gion and its practitioners
tection of Sabbath rights,
employee's religious obser-
from the effects which
its principal effect has been
vance, and whether an em-
would—in the absence of
to lead to a practice by em-
ployer and a union are obli-
Such protection—infringe re-
ployers of giving time off
gated, singly or together, to
ligioub belief or practice."
for Sabbath 'observance to
work out a way to permit
COLPA contended that the
observant Jews and mem-
the observant employee's
constitutional test "should
bers of other faiths observ-
employment in spirit of pro-
be whether the means is
ing a day other than Sun-
visions of the union's con-
legitimately and rationally
day as their Sabbath.
tract.
calculated to achieve the
COLPA filed a friend-of-
A federal district court up- permissible end."
the-court brief, prepared by held Hardison's dismissal
On the issue of whether
Nathan Lewin, COLPA vice on grounds that an employ-
provisions of a union con-
president, joined in by the
er could refuse to make ac-
tract could preclude a duty
National Council of Young
commodations for a work-
to accommodate, Lewin ar-
Israel, Agudath Israel of er's religious needs if that
gued that "the legal obliga-
America, the Rabbinical employer's contract with a
tion on an employer and a
Council of America and the
union provides for shift as-
union is to engage in hiring
Union of Orthodox Jewish
signments on the basis of
practices which will not
Congregations of America.
seniority and if the union re-
have the effect of excluding
Dennis Rapps, COLPA ex- fused to set aside such con-
religious believers on ac-
ecutive director, said the tract provisions to accom-
count of their religious prac-
four organizations had modate the observant em-
tices."
joined in support of the ployee. Later, a federal ap-
COLPA brief to demon- peals court reversed this
ZOA Medal
strate to the Supreme Court
ruling and sustained Hardi-
the importance of the Sab-
NEW YORK (ZINS)—The
son's claim of discrimina-
bath protection law to the
Israeli government will
tion. COLPA attorneys as-
Orthodox Jewish commu-
issue a bronze com-
sisted Hardison's attorneys
nity.
memorative medal honor-
in the appeals court. The
Kwestel said the ruling in
ing the Zionist Organization
airline and the Inter-
the case, involving Larry national Association of Ma-
of America convention to
Hardison, a member of the chinists then appealed to
be held in Israel July 6-13.
World Wide Church of God,
the
Supreme
Court.
who was fired by Trans-
COLPA said the chal-
World Airlines for refusing
lenge to the con-
FACIAL HAIRJ
to work on Saturdays, is of
stitutionality of the law was
special importance because
ERMANENTLY
based mainly on a three-
the Supreme Court split,
part
"test"
developed
by
REMOVED
four to four, in an earlier
the Supreme Court in the
Eyebrows Necklme Arms Legs
Sabbath observance case.
cases involving public aid
Recommended by PhOcions
That case involved Paul
to religious schools. In
FREE CONSULTATION
Cummins, also a member
those cases, the court held
of the World Wide Church, that, to be constitutional, a
SHIRLEY PERSIN
Registered Electroloarst
who was fired by the Park- law must have a secular
ADVANCE BUILDING
er Seal Co. after he was pro- purpose, must not have the
Room 260
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moted to a position requir-
primary effect of advancing
Near Northland & Providence Hospital
ing work on Saturdays,
religion,
and
must
not
"ex-
PHONE 557-1108
which he refused to do.
Over 20 Years Experience
entangle" govern-
A federal appeals court cessively
ment with religion.
upheld Cummins' discrimi-
nation complaint in a two-
to-one ruling and that rul-
ing was affirmed by the Su-
preme Court. But because
the vote was a tie, it did
not set a precedent and
THE PROFESSIONAL
hence was not a definitive ,
STEAM EXTRACTION METHOD
ruling on the con-
stitutionality question,
Kwestel said.
95
Another friend-of-the-
ANY SIZE
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court brief was approved
LIVING ROOM
LIVING ROOM
by 11 Jewish organizations,
DINING ROOM
AND HALLWAY
two Reform and two Con-
AND HALLWAY
servative, the rest Jewish
•
civil rights agencies. The
WE'LL CLEAN ANY ADDITIONAL ROOMS
Rabbinical Council was the
only Orthodox agency to
ONLY $ 11 " EACH
join in both briefs. The sec-
ond brief was filed by Leo
(WITH EITHER OF THE ABOVE SPECIALS)
Pfeffer, American Jewish
Congress special counsel,
serving as attorney for the
11 organizations. Oral argu-
ments in the case were
heard by the Supreme
Court on March 30. Lewin
BROTHERS CARPET CLEANING COMPANY
was granted special per-
mission by the court to
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argue for Hardison, who
EXPERT
CHAIR
COUCH
was represented by his own
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attorney. Rapps said the
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oral arguments were com-
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March 30. He said the court
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The high court has a num-
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