THE DETROIT JEWISH NEWS 28 Friday, July 24, 1981 COMEDY CAPERS at STAFFORD'S West Bloomfield's Only Comedy Show Friday & Saturday, 2 shows: 8:45 & 10:45 p.m. MARV WELCH, Michigan Mirthquake STARS ON, Comedy Street Dancers DENNIS VERNIER, One Man Band TONY HAYES $5 adm., one drink min. Reservations: 851 8952 EVERY THURSDAY, 9 P.M. NEW COMEDY TALENT NIGHT $2 adm., $1 Beer, $3 Pizzas Prod. by Seymour Schwartz Agency, 356 8525 - - STAFFORD'S KIDS CABARET FREE BIRTHDAY CAKE TO PARTIES AMAZING MICHAEL, Master Magician $4 per person, Sat. 1 p.m. Reservations: 851-8952 Maple & Orchard Lake Roads Orchard Mall, West Bloomfield INTRODUCING Custom Made-Formica Tables Without a custom price. "THERE'S A TABLE FOR EVERY FLOOR AND A DESIGN FOR EVERY WALL" Unique residential & Commercail graphic wall de- signs *Res. (Nursery, Bedrooms, Living & Dining Rooms) *Comm. (Office, Lounge, etc.) 1 1 • DESIGN-1T Keith Schare Designer 543-0203 Ruling on Law Protecting. Observant Seen as Boost to Its Constitutionality NEW YORK (JTA) — A California federal appeals court ruling, upholding the constitutionality of a law protecting the job rights of observant Jews, was viewed here by the law's supporters as a hopeful indication that the law's continued viabil- ity is unlikely to be crippled by a Supreme Court ruling that it is unconstitutional. The supporters pointed out that the California rul- ing was the third federal appeals court ruling in a row upholding the constitu- tionality of the law, a trend which decreases any possi- bility that the law might come up for review by the Supreme Court. The law is a 1972 amendment to the 1964 Civil Rights Act, known to attorneys as Section 701J. The National Jewish Com- mission on Law and Public Affairs (COLPA) helped to draft the 1972 amendment, Howard Zuckerman, COLPA president, noted. The law requires that employers make reason- able accommodation to the religious needs of ob- servant workers except in situations in which doing so would create "undue hardship" for the employer. The ruling by the Ninth Circuit Federal Court of Appeals involved the case of a Seventh Day Adventist, David Anderson, who joined the Convair Aerospace di- vision of General Dynamics Give Your Windows The Works /0 0 OFF • Verticals I Discounts Are Not Everything! offer several Manufacturers suggested retail prices, we use the LOWEST. Greene Bros. suggests you check and compare the retail prices before you buy. • Horizontals • Woven Woods • Shutters • Shades Wallpaper 25% OFF Tremendous Selection Discount Applies Every Day Call the Store Nearest You SINCE ,6S5 WINDOW SHADE CO. Old Orchard Shopping Center 15150 Seven Mile Road Maple at Orchard Lake Road 626-2400 342-8822 Open Mon. thru Fri. 8:30 to 5 Sat. 9 to 1 Open Mon. thru Fri. 10 to 5, Sat. 9 to 1 Please Note: Discounts are not applicable to specified prices, installation or repairs. Installation and measure additional. No freight on sizes up to 84 - x84 - . in 1965. In 1972, the firm signed a contract with the International Association of Machinists and Aerospace Workers, requiring that all Convair division workers join the union. Anderson cited a Seventh Day Adventist ban against joining a union or paying dues to a union. He offered to donate to charity, on a regular basis, an amount equal to his dues. When the union rejected that offer and said Anderson had to join and he refused, General Dynamics fired him in 1976. Anderson appealed the firing and the first hearing was before Federal District Court Judge Robert Denney in San Diego. Denney ruled in 1977 that non-payment of dues constituted an "undue hardship" for the union, as a matter of law, because of the problem of "free riders" which he said would occur if Anderson could continue to work at Convair without joining the union. Denney did not raise any issue of constitution- ality in his ruling. The Ninth Circuit Fed- eral Appeals Court struck down Denney's ruling on Sept. 8, 1978, declaring that the "undue hardship" claimed by the machinists union must be proved to be factual and that "hypotheti- cal speculation regarding `free riders' is insufficient." The appeals court re- manded the Anderson case back to the federal district court with instructions that the lower court write an order resulting in reinstatement of Anderson with full pay and benefits, without requiring him to join the union. Zuckerman, in explain- ing the concern of Orthodox Jews about a Supreme Court test of 701J's con- stitutionality, explained that while the law might be found constitutional, there was also the prospect that the Supreme Court might have found 701J uncon- stitutional. For COLPA, which has won hundreds of cases in which the job rights of ob- servant Jews were threatened by employers, that prospect of an uncon- stitutionality ruling has always been a matter of pro- found concern, Zuckerman explained. When the Anderson case was returned to the San Diego federal district court, it was assigned not to Judge Denney but to Judge Edward Schwartz. He ruled in May 1980, that such laws as 701J violated the First Amendment and resulted "in an impermissable government entangle- ment with religion." He ruled in favor of General Dynamics. At that time, Zuckerman said, there were "serious questions" as to whether Schwartz, the first federal judge to raise the issue of the constitutionality of 701J, had not been in error on procedural grounds, par- ticularly since the Ninth Circuit Court of Appeals had made no reference to 701J. COLPA thereupon filed a friend of the court brief in the appeal from Schwartz's ruling to the Ninth Circuit Court of Appeals. The brief was filed on behalf of COLPA, the Anti- Defamation League of Bnai Brith, Agudath Israel of America, the National Council of Young Israel, the Rabbinical Council of America and the Union of Orthodox Jewish Congrega- tions of America. The COLPA brief argued that the "reasonable ac- commodation" standard was in no way a preference for religion, but simply pro- vided equal job opportunity to all persons, regardless of their religious belief or practice, by ensuring that no person would be denied a job because of his or her religious beliefs. The COLPA brief also argued that "all aspects of religious observance and practice are covered by the law and the fact that all religions have more or different kinds of religiously-dictated ob- servances than other religions does not in- validate a law that applies to all faiths equally." A COLPA volunteer at- torney, Daniel Chazin, who filed the brief, noted that while dues payment poses no problem for Jews, con- tinued protection of Sab- bath observance rights is of critical importance for thousands of observant Jews and for members of other faiths, such as Seventh Day Adventists, who observe Saturday as a holy day. The ruling by the Ninth Circuit Court of Appeals re- jecting Judge Schwartz's decision was the third of the appeals court decisions up- holding the 1972 amend- ment. Zuckerman, in explain- ing the wider meaning of the three appeals court rul- ings, said the Supreme Court generally regards consistent rulings by the three-man appeals courts, on either side of a law in- volving the constitutional- ity issue, as relieving the Supreme Court of a need to consider a particular law. Zuckerman said that, in the case of the 1972 amendment, for the Sup- reme Court to intervene would mean overruling the judgements of three three-man federal appeals courts, which, he said, legal authorities consider highly unlikely, though not im- possible. I never complained of my condition but once, said an old man — when my feet were bare, and I had no money to buy shoes; but I met a man without feet, and became contented. MAGI IAN Exciting entertainment for your organization. club or private party. Stage Shows Close up magic Audience Partic , pation Mel Eisenberg 547-2464 MENTALIST 1 N I IXOVIldr# •■1 You Don't Need Your Jewelry Appraised... 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