WASHINGTON, D.C. – An Orthodox Jewish woman who was fired
from her job at the Metropolitan Washington Airports Authority for observing
Passover is asking the nation’s highest court to hear her case. Last month,
in Abeles v. Metropolitan Washington Airport Authority,
Susan Abeles appealed to the Supreme Court to hold her former employer
accountable for unjustly firing her from her job of 26 years for observing
the first two and last two days of Passover. A ruling from the high court
could protect the right of all religious federal employees to live their
faith without fear of losing their jobs.
Susan Abeles was a statistician at the Metropolitan
Washington Airports Authority (MWAA), the government agency that operates
both Reagan National and Dulles International Airports, for 26 years. She
observed Passover every year without incident until 2013, when she was
punished and forced to retire despite following leave protocol. Today, Becket
and Jews for Religious Liberty, an association of Jewish lawyers and rabbis,
filed a friend-of-the-court brief asking the Supreme Court
to hear Ms. Abeles’ case, arguing that the lower court decision “will inhibit
Jewish religious exercise within the federal workplace and could easily
result in a de facto government hiring ban on Orthodox Jews.”
“Talk about chutzpah,” said Eric Rassbach, deputy general
counsel at Becket, a non-profit religious liberty law firm. “The Airports
Authority says it was okay to fire Ms. Abeles for observing Passover because
it hasn’t said anything openly anti-Semitic. If that becomes the rule, then
federal agencies will have a license to terminate all of their religious
employees, as long as they are careful to hide their tracks. Even Pharaoh
honestly admitted that he was discriminating against Jews.”
Jewish religious law prohibits work during the first two
and last two days of Passover. Millions of Orthodox Jews like Ms. Abeles have
observed this important holiday for thousands of years. Despite following the
MWAA’s leave policy for decades, Ms. Abeles was accused of not following
protocol and forced into retirement in 2013. She sued the MWAA, which claims
it is exempt from both the federal Religious Freedom Restoration Act (RFRA)
and the Virginia religious freedom laws, giving it free rein to avoid all
anti-discrimination laws. In July 2017 Ms. Abeles asked the Supreme Court to
hear her case.
“The Airports Authority claiming to be above the law adds
insult to injury,” said Rassbach. “The Supreme Court should take this case to
ensure that people of all faiths can observe their deeply held beliefs in the
federal workplace without facing discrimination or being forced out of their
jobs.”
Ms. Abeles is represented by Nathan Lewin of Lewin &
Lewin.
Additional Information:
Becket’s Amicus Brief (August 28, 2017)
Case Page for Abeles v. Metropolitan Washington Airport Authority (MWAA)
(all legal docs, press releases, news, images)
Becket is a non-profit, public-interest law firm
dedicated to protecting the free expression of all religious
traditions and has a 100% win-rate before the United States Supreme
Court. For over 20 years, it has successfully defended clients of all
faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native
Americans, Sikhs, and Zoroastrians (read more here).
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Faith on Trial is where we examine the influence of law and society on people of faith. Here we will look at those cases and events that impinge on the rights of people to fully practice their faith. Faith on Trial is heard every Saturday at 2 p.m. and Sunday at 9 p.m. on the Iowa Catholic Radio Network and anytime on our podcast at : https://iowacatholicradio.com/faith-on-trial/.
Wednesday, August 30, 2017
Fired for observing Passover, Jewish woman asks Supreme Court to hear her case; Becket to SCOTUS: Federal agencies must respect their employees’ right to observe religious holidays
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