The Orthodox Union (Union of Orthodox Jewish Congregations of America), the nation’s largest Orthodox Jewish umbrella organization applauds the introduction of HB 13, the Workplace Religious Freedom Act, and its prime sponsor, Delegate Roger Manno (D, D-19), in the Maryland General Assembly for the new legislative session.
The legislation is needed to fill an existing gap in both state and federal law, to allow religiously observant workers a workplace free of harassment where they can wear religiously mandated clothing (a kippa, turban, necklace pendant etc.) and to be able to practice their faith by taking time off for holidays and observances without penalty.
Howie Beigelman, OU Deputy Director of Public Policy stated:
“Sadly, today too many are still forced to choose between faith and livelihood. By Maryland enacting WRFA, which is similar to laws already on the books in New York, New Jersey and Massachusetts, the Legislature would protect employees while making Maryland a better place to live and work for thousands. We applaud Delegate Manno for this much needed fix that protects Marylanders in the absence of needed federal legislation.”
(YWN Desk – NYC)
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4 Responses
While the symbolism is great, I question how much that improves on the federal “reasonable accomodation” standard, or rather, to what extent will a court require a “more than reasonable accomodation”, i.e. one involve “undue hardship” on the part of the employer. My impression of reading the majority opinion in “Trans World Airlines v. Hardison”, is that the adoption of Thurgood Marshall’s minority opinion in the case would be unconstitutional under the establishment clause. In what situation do the sponsors believe the state statute will provide more relief than the federal?
does this mean that they may finally consider frum jews for jobs in the fire or police forces?
#2 -As long as they are willing to work on Shabbos. However if they give Jews a preference for taking Shabbos off, rather than allow, for example, a college football friends the option of taking Saturday off during the season, they are giving members a preference based on religion. So unless you want to follow the somewhat tortured logic that all police and fire services are a matter of pikuach nefesh (even getting cats down from trees, or ticketing jaywalkers), don’t get your hopes up on become a policeman or fireman.
New York, New Jersey and Massachusetts laws already are stricter than the federal standard. This would be the same. A federal WRFA has been proposed as well, but has not yet passed.