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Decisions of Interest

By ALM Staff | Law Journal Newsletters |
September 01, 2003

Non-Mandatory Religious Practices Protected

Title VII's definition of religion includes activities that are not specifically mandated by an employee's religion itself. Reyes v. New York St. Office of Children and Family Services, 2003 WL 21709407 (S.D.N.Y. 7/22/03) (Stein, D.J.)

An employee's participation in Saturday church activities, in addition to his observance of the Sabbath on Sundays, were religious practices as defined by Title VII. The employer argued that the employee's Saturday activities were not religious practices under Title VII because they were not specifically mandated by the religion in question. Judge Stein disagreed, reasoning that only the sincerity, and not the verity of an employee's beliefs must be established. Therefore, the employee's commitments “could only be considered outside the scope of Title VII if they were found to be personal preferences that are wrapped in religious garb.”

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