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Funeral Director Loses On Most of Her Religious Discrimination Claims

By Howard M. Friedman

In Prise v. Alderwoods Group, Inc., 2009 U.S. Dist. LEXIS 86445 (WD PA, Spet. 21, 2009), a Pennsylvania federal district court dismissed religious discrimination claims under Title VII of the 1964 Civil Rights Act and the Pennsylvania Human Relations Act. Funeral director Deborah Prise was placed on paid leave and then fired as manager of the Hirsch Funeral Home . She claimed the actions against her involved employment discrimination on the basis of religion. The court, however, concluded that the actions stemmed from the fact that Prise was attempting to run Hirsch Funeral Home in strict accordance with Jewish law, and that her superiors wanted to accommodate the needs of non-Jewish customers even when doing so would contravene Jewish law. The court also rejected Prise's failure to accommodate claim, finding that at most the funeral home merely refused to give her an absolute guarantee that she would never be required to work on the Jewish Sabbath or Jewish holidays. The court, however, permitted Prise to move ahead with her claims of retaliation for filing her discrimination complaints with the EEOC and the Pennsylvania Human Relations Commission, finding that factual questions remained as to those charges.

Full post as published by Religion Clause on September 24, 2009 (boomark / email).