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Wednesday, October 17, 2007

Discriminatory Policy from the USPS?

This seem like an odd ruling:
A Jewish postal worker made to work on Sabbath because of staff cutbacks lost an appeal claiming his work schedule violated his civil rights.

Mail carrier Martin Tepper joined the post office in Chagrin Falls, about 20 miles southeast of Cleveland, in 1980 and became a Messianic Jew a few years later.

For ten years he was excused from working Saturdays, but the letter carriers’ union voted to rescind that accommodation amid pressure from fellow postal workers upset at having to work more weekend shifts because of staff reductions.

Tepper sued the U.S. Postal Service in federal court in Cleveland. He lost and a subsequent appeal to the 6th U.S. Circuit Court of Appeals was denied, with the appeals court ruling Tepper could not prove he was discriminated against or that the post office failed to accommodate his beliefs.

“The removal of the accommodation did not result in a change of title, job status, pay or job responsibilities and conditions,” a three-judge panel ruled. “While Tepper now has to work on Saturdays, this is simply a requirement of the job for which he was hired; it is not an adverse change in employment.”
I'm not sure how forcing a Sabbath observer to work on Saturday isn't a failure to accommodate the man's religious beliefs. I find it surprising to see this from a government agency, no less.

46 Comments:

Anonymous Lawrencian said...

Outside NY this is more common than you think. My sister was a nurse (not in NY, in a city where nurses aren't unionized) and she was fired because she couldn't work shabbos (after they said it was OK, but then the chagim came along and it was too much for them - even though she offered every christmas and new years and thanksgiving). She has since relocated and has a job where she doesn't have to work shabbof=s, just sunday.

10:41 PM  
Blogger Fern said...

Employers aren't required to accommodate all religious observances. The OU has a pretty good explanation of the law here.

11:57 PM  
Anonymous Anonymous said...

"I'm not sure how forcing a Sabbath observer to work on Saturday isn't a failure to accommodate the man's religious beliefs."

Perhaps it wouldn't be common knowledge in the Orthodox community, but in the rest of the population, working on Sat or Sun is usually considered a NEGATIVE thing. Who knew, right?

Which means that people tend do it only when they have to, and as little as possible.

Chagrin Falls, Ohio has a population of around 4000. I think it's safe to assume that it's a rather small postal facility. Therefore, with only a few people to share the work, and being that like most post offices, they are closed Sundays, having even one employee excused from working on Saturday means that to accommodate him, everyone else is being penalized. To me, a "reasonable accommodation" doesn't include regularly denying other workers quality time with their families so you can have more with yours.

12:07 AM  
Anonymous Anonymous said...

lawrencian,
COLPA took a case up to the Supreme Court years back to test for the accomodation for religious observance. The case involved a frum nurse. The court decided in favor of the nurse. I'm sure COLPA could supply the details. Last I looked, Supreme Court decisions cover all of the US, not just NY.

12:35 AM  
Anonymous Juggling Frogs said...

Did he quit his job, or did they fire him?

I hope there's a way to support his appeal, without accepting the term "Jewish postal worker".

One can support the "Sabbath Observing Christian postal worker" and his request for accommodation without accepting his religion as Jewish.

It's also important to know the nature of the accommodation he received.

For example, if someone was hired to work Saturdays, and later became religious, gained an "understanding" from a specific manager, and then that manager leaves... Is the understanding nullified when a new manager is hired? Is the agreement with the company or the immediate supervisor?

8:53 AM  
Anonymous lawrencian said...

My reference to NY was that the non jews and non religious jews in NY know all about shabbos. They don't think that anyone is trying to "get away" with anything, they have more familiarity with what it means to a shomer shabbat jew not to work, that they will give up their job first, etc. So they don't ask. I never meant that the law shouldn't be applied evenly across the country.

8:55 AM  
Anonymous Anonymous said...

"I'm not sure how forcing a Sabbath observer to work on Saturday isn't a failure to accommodate the man's religious beliefs."

There is no obligation "to accomodate", only an obligation to "reasonably accomodate" whcih leaves wiggle room depending on the details of a particular case. Therefore the specific circumstances, the details of which we don't have, would have to be taken into account.

9:54 AM  
Anonymous Anonymous said...

When Tepper was hired, he was non observant, and had no expectations of any weekends off. He then CHOSE to worship on Saturday's. If he was hired under the pretense than that is one thing, but he wasn't. He made the choice. In the world this is how many companies treat there workers. It doesn't make them Jew haters. People didn't want to work every Saturday, period.

12:07 PM  
Blogger GoldaLeah said...

"Reasonable accomodation" shoudn't mean that everyone else in a small post office is forced to work on Saturdays because this man won't. It's not like an office job where he could work more hours Monday through Thursday or work Sunday. The mail need sto be delivered on Saturday and the post office is closed on Sunday. It seems unreasonable to ask everyone else to cover his Saturday shifts -- giving him a two-day weekend -- and the other employees only get one day weekends.

12:08 PM  
Anonymous Anonymous said...

Ohhhhh please, another poor, poor us post. The man took the job knowing what the responsibilities were at his beginning of employment. He chose to begin observing on Saturday and they were nice enough to accommodate him at that time, but in the face of short staffing situations, why should he receive preferential treatment over any other employee? What makes him so special that he deserves this type of treatment? I am offended that you have once again used this forum to simply say that Observant Jews should have a different set of rules than the rest of the population. Gotta' love how you continually try to bridge the gaps with the rest of the population by showing that we are all equal...well sort of equal...well maybe not quite equal if you work on Saturday or aren't Orthodox.

12:41 PM  
Blogger Fern said...

"For example, if someone was hired to work Saturdays, and later became religious, gained an "understanding" from a specific manager, and then that manager leaves... Is the understanding nullified when a new manager is hired? Is the agreement with the company or the immediate supervisor?"

It's the company's obligation to make reasonable accomodations so long as they don't cause the company an undue burden. If the employee was able to negotiate something with one supervisor, that would seem to indicate that the company is able to make reasonable, unburdensome accomodations and that fact wouldn't change with the supervisor.

1:23 PM  
Anonymous Anonymous said...

"I am offended that you have once again used this forum to simply say that Observant Jews should have a different set of rules than the rest of the population."

Um, no, actually its the same set of rules as the rest of the population, which are that people's religious beliefs are to be reasonably accomodated in the workplace. Whether they were or were not in this instance (of someone who apparently BTW is apparently not a mainstream Observant Jew, but is a "Mesianic" Jew) would depend on the particular facts of the case.

I would be offended that the writer of the above comment seems to think that religious freedom and the accomodation clause are not a right of every American citizen, but are somehow a set of rules made up for Observant Jews, but then I realize that is probably just an expression of the ignorance of the commentator.

2:18 PM  
Blogger -suitepotato- said...

They don't give Christians Sunday off automatically, and if you take a job and let them know after acceptance that you need that off, it is too late if they say no way. You have to make your availability known BEFORE acceptance of a job and not take it if they will not bend on making you work on days you'd rather not.

Observant Catholics simply don't work jobs that make Sunday availability a prerequisite much as many Orthodox would not work for any company that didn't give them Shabbat in advance guaranteed.

I have to work Shabbat and I reason it out that if I don't, I lose my home and my family is homeless and I have an obligation to support my family to the best of my ability that comes ahead of certain other mitzvot. I've talked with G-d in my heart about it and He basically said to me in my conscience that it is not a great thing, but a needed thing, and that while it bothers me, it should as a sign that I care about it.

As a compromise, He had led me to try to embrace a feeling of Shabbat all week long even as I work so that while my body does one thing, my spirit is doing another.

You can still observe even if calendars and clocks and schedules are matching what tradition says they should. But... to have a Sunday through Thursday work week would be nice. Someday...

3:12 PM  
Blogger Jameel @ The Muqata said...

I thought Messianic Jews were Christians?

3:12 PM  
Anonymous Fox said...

Obviously there are lots of unanswered questions about this particular case, but one issue looms that hasn't been addressed by anyone:

Why, in fact, can't an observant Jew simply volunteer to work on Sundays rather than Saturdays? The answer, in the case of government agencies as well as many companies, is that the operation is closed on Sundays. And why is it closed? Originally, the sole purpose was to accommodate the practice of Christianity. The current practice is not religiously neutral.

As an private employer, I aggressively defend the right to hire/fire with as little regulation as possible, but I'm always very suspicious when I hear of employers -- especially large, 24/7 operations such as hospitals, etc., that just can't seem to figure out how to accommodate various religious requirements.

It usually means that either 1) the employee isn't that great; or 2) the organization is a managerial mess and doesn't deserve a good employee. Unfortunately, I run into a lot of organizations and companies where the CEO is bemoaning the dearth of great employees while someone in HR is simultaneously chasing them away.

4:31 PM  
Anonymous Anonymous said...

"It's the company's obligation to make reasonable accomodations so long as they don't cause the company an undue burden."

It is not a companies obligation to make accomodations no matter how reasonable unless it falls dirctly uner the Individuals with diabilities act. Religious freedom can not be used as a bargaining chip for weekends off if the particular position you chose to accept requires it when you chose to accept emploment in said position. With that said, I don't care what religious you may be, if you took a job which required Sunday work, observant Catholics would not be able to fill that position. The fact that accomodations were made in the past should make no difference in this situation since...I know it may be hard to believe, but sometimes things change and you have to work around them.

12:02 AM  
Blogger Tzipporah said...

They don't give Christians Sunday off automatically

Don't they? The Post Office (and all its attendant work) are closed on Sundays. Every single week.

2:04 PM  
Anonymous Anonymous said...

Tzipporah said...

They don't give Christians Sunday off automatically

"Don't they? The Post Office (and all its attendant work) are closed on Sundays. Every single week."

Actually thats not true. HIS post office is closed. The USPS has almost a million employees, and you can be damn sure plenty of them work on Sundays. Almost all of them are Christians.

Our man just likes the facility where HE works. BECAUSE it's closed Sundays. Get it?

9:46 PM  
Blogger miriamp said...

The Providence, RI main post office has Sunday hours. Mail isn't delivered, but there are employees manning the desk and taking packages, etc.

This line bothers me, though: "While Tepper now has to work Saturdays..." see, if he was really a Shabbos Observer, it would say, "While Tepper now has to find another job..."

-suitepotato- I'll daven for you to find another job that will allow you too to properly keep the Shabbos.

9:21 AM  
Anonymous Anonymous said...

This line bothers me, though: "While Tepper now has to work Saturdays..." see, if he was really a Shabbos Observer, it would say, "While Tepper now has to find another job..."

Hmmm, I wasn't going to go there, being of the goyish persuasion myself and not wanting to judge, but...

5:42 PM  
Blogger Ahavah B. said...

The reason the man's request should be honored, class, is that they are absolutely providing a religious day off to all of their christian employees - there is NO OTHER reason that there is no mail service on Sunday. It is absolutely discrimination - if it wasn't, they'd be making christians come in on Sunday to work.

11:48 AM  
Blogger Ahavah B. said...

PS - There is no mail service anywhere in the country on Sunday. No postal workers deliver on Sunday, period.

11:50 AM  
Anonymous Anonymous said...

Ahavah B. said...

The reason the man's request should be honored, class, is that they are absolutely providing a religious day off to all of their christian employees - there is NO OTHER reason that there is no mail service on Sunday. It is absolutely discrimination - if it wasn't, they'd be making christians come in on Sunday to work.

Ahavah B. said...

PS - There is no mail service anywhere in the country on Sunday. No postal workers deliver on Sunday, period.


You're really getting annoying with your tall tales. From the USPS website:

"Express Mail
This money-back guaranteed overnight to two-day service includes tracking, proof of delivery, and insurance up to $100. Additional insurance up to $5,000 may be purchased for merchandise. Delivery to many destinations is available 365 days a year with no extra charge for Saturday, Sunday, and holiday delivery."

They deliver on Sundays, Thanksgiving, Yom Kippur, Veterans Day, Easter, shabbos and all eight days of Pesach. And you can be sure that almost all of the people that work for the postal service on Sundays are Christians.

There's hundreds of thousands of jobs at the post office. MOST people that work there, LIKE THE GUY IN THE STORY, don't actually deliver the mail.

He works the sales counter. Some post offices have sales windows that are open on Sunday. There's one 5 minutes from my house. If he really was that concerned about his religious obligations I'm sure in the 10 years this has been dragging through the courts he could have transferred to another job at the USPS that could accommodate him without punishing his co-workers.

Unless you live in some cave you must realize that the postal service is a 24 hour a day operation. A fleet of planes, tens of thousands of buildings to take care of, tens of thousands of vehicles to maintain.

...there is NO OTHER reason that there is no mail service on Sunday. It is absolutely discrimination

Let's see now. I don't get garbage picked up on Saturday. Why is that? Is it discrimination? Oh, wait, I know, IT"S THE JEWS!! How about DMV, Town Hall, the State and Federal courts, the Dept of Consumer affairs. All of them government agencies closed on Saturdays. Is that discrimination? The secret hand of the Zionists pulling the puppet strings of our leaders?

From The History of the USPS:

" An Act of Congress of March 3, 1863, effective July 1, 1863, provided that free city delivery be established...

Originally, letter carriers worked 52 weeks a year, typically 9 to 11 hours a day from Monday through Saturday, and if necessary, part of Sunday. An Act of June 27, 1884, granted them 15 days of leave per year. In 1888, Congress declared that 8 hours was a full day’s work and that carriers would be paid for additional hours worked per day. The 40-hour work week began in 1935."

From 1863 to 1935, 72 years, there were people delivering mail on Sundays. Were they Jews, Muslims and atheists?

So when you see a post office open on Sunday, and stop in for some stamps, make sure you confirm personally that the guy at the counter is circumcised...

1:09 AM  
Anonymous Anonymous said...

The answer, in the case of government agencies as well as many companies, is that the operation is closed on Sundays. And why is it closed? Originally, the sole purpose was to accommodate the practice of Christianity.

Are you that delusional? Yes, it is a world wide conspiracy against the Jews. If the sole purpose was that in the past, what is the purpose of the practice today? Why don't you just get a life…


As an private employer, I aggressively defend the right to hire/fire with as little regulation as possible, but I'm always very suspicious when I hear of employers -- especially large, 24/7 operations such as hospitals, etc., that just can't seem to figure out how to accommodate various religious requirements

Oh, so it’s ok for you to choose not to accommodate anyones religious issues as you enjoy being able to hire/fire at will, but I guess it’s not ok for someone to defend the rest of their employees when someone is looking to get extra days off when nobody else is getting them.

5:15 PM  
Anonymous Anonymous said...

"The answer, in the case of "government agencies as well as many companies, is that the operation is closed on Sundays. And why is it closed? Originally, the sole purpose was to accommodate the practice of Christianity.

Are you that delusional? Yes, it is a world wide conspiracy against the Jews. If the sole purpose was that in the past, what is the purpose of the practice today? Why don't you just get a life…"



The reason places aren't open seven days a week is because of LABOR LAWS. From above post:

Originally, letter carriers worked 52 weeks a year, typically 9 to 11 hours a day from Monday through Saturday, and if necessary, part of Sunday. An Act of June 27, 1884, granted them 15 days of leave per year. In 1888, Congress declared that 8 hours was a full day’s work and that carriers would be paid for additional hours worked per day. The 40-hour work week began in 1935."

Obviously given the choice, most Americans in 1888 being church going Christians, would go with Sunday for a day off.

If you have religious concerns with your work schedule it's up to you to find a job that will accommodate you.

I'm not Jewish and I hired an Orthodox guy to work for me. I personally made it my business to be sure he would be able to be home on time every Friday. What the other employees felt was none of my concern, not that anyone objected. But the key here was that in my business, if he left early, no one else had to take up the slack. I was the only one possibly inconvenienced. At the post office in question that wasn't the case.

11:18 PM  
Anonymous Anonymous said...

As a matter affect there are 2 types of mail man,
1st-regular carrier, a professional with a route or set of routs, and 2nd-a ptf
part time flexible--a newby without rights or a schedualed hours of work. it is this ptf who is forced once a month t o work 4 hours on sundays delivering express mail,
as far as the rest of mail man they are off on sunday for church services, while the jewish sabath abserver must fight for every shabbat, as of may of 2008 nearly all the us post offices no longer deliver on sundays, by the way in order to take a test to become a postal employe-all the tests are held in christian houses of worship.

1:11 AM  
Anonymous Anonymous said...

Hi my name is Yitzchok and I work as a city carrier(mailman) Iam also drum observant Just so you know the amount of abuse I get at the post office for keeping shabos is pverwealming I even received 2 letters of ( awall) or basicaly removal for not coming in on shabos amongst manny other threats and retaliations against me by Usps management and this is in NY

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