Can being married to a Jewish spouse subject your business to a discrimination suit based on religion? Yes, says the state appellate court in the Second Department of New York.
In a recent decision by that court in Jeffrey Chiara v. Town of New Castle, decided on January 14,2015, an appellate panel of judges opined that the plaintiff husband, who was not Jewish, but married a Jewish woman, was found to be discriminated against by virtue of his marriage to his wife. Coworkers of Mr. Chiara apparently made derogatory comments about the Jewish religion. When he informed his coworkers that his wife was Jewish, the derogatory anti-Semitic remarks and comments continued--for several years.
In 2006, the Town of New Castle brought disciplinary charges against Mr. Chiara for misconduct and insubordination, and his employment was eventually terminated. He thereafter filed a lawsuit alleging discrimination and hostile work environment based on religion--his wife's!
After losing his case at the trial court level, he argued to the appellate court that he was a member of a "protected class" by virtue of his marriage to a Jewish woman. His employer argued that no law in New York supports a claim of discrimination based on the religion of a spouse.
The Appellate Division, Second Department, disagreed and held that just as Title VII of the federal law, the New York State Human Rights Law protects employees based on their association with other individuals, including their spouses.
As the first decision of its kind in New York, employers should be very mindful that New York law has now been interpreted broadly enough (at least by this one court) to extend protections to employees even if they are not covered by Title VII of the federal law. It should also serve as a warning to employers that employees may be deemed to be discriminated against based on who they associate with,even if they are not within a protected class.
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