Our Firm in the News - Statin Island Advance
Our Firm in the News - Statin Island Advance
Was it religion that got her fired? The case is now in court
Choosing her religion over her work cost a Rossville woman her job. At least that's what Loretta Sands contends in an employment-discrimination lawsuit that appears headed to trial.
Ms. Sands maintains she was fired from her position as a medical service coordinator at the Travis-based Community Resources because she took off two days in October 2005 to observe the Jewish holy days of Rosh Hashanah. Community Resources counters Ms. Sands, now 58, was fired for violating the company's attendance policy. Ms. Sands took off Oct. 4 and Oct. 5, 2005, despite receiving permission to be absent only one day.
Ms. Sands had been hired two weeks earlier and was on probation at the service provider for Staten Islanders with special needs, court papers said.
While state Supreme Court Justice Robert J. Gigante said it appeared from the record that discrimination "may have been the real reason" for Ms. Sands' sacking, he stopped short of ruling in her favor.
The judge instead, recently denied both sides' motion for summary judgment in state Supreme Court, St. George, and ordered the case proceed to trial. I
t was not immediately clear whether the decision will be appealed. Reached last week by telephone,
Ms. Sands said she was not aware of the ruling, but stood by her allegations. "To me, it's a clear-cut discrimination case," she said. "I was never given orientation [and] was unfairly discriminated against. I feel I should get some restitution."
Ms. Sands' attorney, Louis Ginsberg of Rosyln, Long Island, did not immediately return telephone calls seeking comment.
Rhonda L. Epstein, a Manhattan-based lawyer for Community Resources, declined comment, saying she could not discuss pending litigation.
According to court papers, Ms. Sands, who is Jewish, began working for Community Resources around Sept. 19, 2005. Shortly thereafter, she asked for two days off to observe Rosh Hashanah -- the beginning of the Jewish new year and one of the holiest times of the year. After consulting her supervisor as well as Community Resources' director of human resources and chief operating officer, she received permission to take off one day. Because she was still on probation, Ms. Sands was technically not entitled to any time off, court papers said.
Despite those conversations, Ms. Sands took off both Oct. 4 and 5, 2005, and did not call in to work either day. When she returned Oct. 6, 2005, she was fired, allegedly for violating Community Resources' attendance policy. Ms. Sands subsequently filed a lawsuit, alleging she was discriminated against because of her creed.
Gigante said Ms. Sands' termination immediately after taking off the two days "gives rise to a reasonable inference" that she was let go for those absences. On the other hand, he said Community Resources "produced competent evidence of a legitimate, non-discriminatory reason" for terminating Ms. Sands; namely, her failure to comply with company employment rules or to properly notify the agency of her absence during a probationary period.
But the judge also said Community Resources failed to show it would have suffered an undue hardship by accommodating Ms. Sands' request. In fact, the agency hired another Jewish woman to replace Ms. Sands, and that employee also took off Jewish holidays while abiding by the agency's attendance policy, said Gigante. "It still appears, at least from the record ... that discrimination may have been the real reason for the termination," Gigante wrote.
Even so, questions of fact for a jury still exist and Gigante ordered the case move toward trial. --- Contributed by Frank Donnelly
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