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Religious Discrimination? Or Out of luck?
- Thread starter LegalShmegal
- Start date
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Jewish Holy Day
I, too, am Jewish. I would not think of working/attending school on the Jewish High Holy Days (Rosh Hashanah and Yom Kippur). I do not send my children to school on those days. Even Reform Jews observe the High Holy Days, although they take Rosh Hashanah as a one-day holiday instead of two.
Although Rosh Hashanah begins the ten days of the High Holy Days, a period which ends with Yom Kippur, you would only refrain from school/work for a maximum of three days.
If the OP is indeed talking about taking 10 days away to observe the High Holy Days, he is being unreasonable. Even Yeshiva University does not do that. Classes are not held on Rosh Hashsanah or Yom Kippur, but are held on the days in between.
I, too, am Jewish. I would not think of working/attending school on the Jewish High Holy Days (Rosh Hashanah and Yom Kippur). I do not send my children to school on those days. Even Reform Jews observe the High Holy Days, although they take Rosh Hashanah as a one-day holiday instead of two.
Although Rosh Hashanah begins the ten days of the High Holy Days, a period which ends with Yom Kippur, you would only refrain from school/work for a maximum of three days.
If the OP is indeed talking about taking 10 days away to observe the High Holy Days, he is being unreasonable. Even Yeshiva University does not do that. Classes are not held on Rosh Hashsanah or Yom Kippur, but are held on the days in between.
Look at Scheidt v. Tri-Creek - it may help with your questions
LegalSchmegal,
I am not assuming that your request for absence would be for time between Rosh Hashanah/Feast of Trumpets and Yom Kippur/Day of Atonement. I'm going to guess that the reason you need ten days is for observance of Sukkoth/Feast of Tabernacles (allowing for a little travel time to and from). If that is the situation, there is a case that might help you. The case is Scheidt v. Tri-Creek. The summary is available on the US DOJ site at
Educational Opportunities Section Case Summaries
I don't know if the same would apply to your case since this is a primary school case and you are in secondary education. The full brief is available through a link in the second paragraph. This case was settled in favor of Ms. Scheidt and the policy was changed accordingly (search for Tri-Creek BOE and their current policy). The brief also references a previous federal court decision of a similar nature from the 1980's that dealt with the same issue.
I've included the summary of Scheidt v. Tri-Creek from the DOJ site here (it is listed as under the Elementary and Secondary category so maybe it would apply):
Scheidt v. Tri- Creek School Corporation
Elementary and Secondary Education Religion
The Tri-Creek Corporation School District in Indiana had an attendance policy that allowed for only one day of excused absences for religious observance. After a student missed more than one day for religious worship, the District’s attendance policy stated that the student would be given an unexcused absence and subjected to various sanctions, including loss of academic credit, inability to make up work, and suspension. The policy also stated that legal action may be taken against the parent.
After receiving a complaint about the enforcement of Tri-Creek’s policy, the United States intervened in the case, Scheidt v. Tri-Creek School Corporation, on behalf of Ruth Scheidt and her son, M.S., both adherents to the religious tenets of the United Church of God. During the 2004-05 school year, M.S. was given eight unexcused absences for documented religious attendance; teachers failed to allow him to make up classwork; and the district threatened expulsion and legal action, including the filing of educational neglect charges against Ms. Scheidt. On August 10, 2005, the Section filed a brief asserting that Tri-Creek’s attendance policy violated Ms. Scheidt and her son’s right to exercise their religion freely, and Ms. Scheidt’s right to raise her son consistent with her religious beliefs.
Shortly after the Section's intervention, the District and the plaintiffs reached a settlement that: (1) absences for religious observances will be recorded as “excused” and credit given for timely make-up work; and (2) school attendance policies will be revised to accommodate religious observances. Unlike in the past, there is now no limit on the number of excused absences a student may receive for religious observance.
LegalSchmegal,
I am not assuming that your request for absence would be for time between Rosh Hashanah/Feast of Trumpets and Yom Kippur/Day of Atonement. I'm going to guess that the reason you need ten days is for observance of Sukkoth/Feast of Tabernacles (allowing for a little travel time to and from). If that is the situation, there is a case that might help you. The case is Scheidt v. Tri-Creek. The summary is available on the US DOJ site at
Educational Opportunities Section Case Summaries
I don't know if the same would apply to your case since this is a primary school case and you are in secondary education. The full brief is available through a link in the second paragraph. This case was settled in favor of Ms. Scheidt and the policy was changed accordingly (search for Tri-Creek BOE and their current policy). The brief also references a previous federal court decision of a similar nature from the 1980's that dealt with the same issue.
I've included the summary of Scheidt v. Tri-Creek from the DOJ site here (it is listed as under the Elementary and Secondary category so maybe it would apply):
Scheidt v. Tri- Creek School Corporation
Elementary and Secondary Education Religion
The Tri-Creek Corporation School District in Indiana had an attendance policy that allowed for only one day of excused absences for religious observance. After a student missed more than one day for religious worship, the District’s attendance policy stated that the student would be given an unexcused absence and subjected to various sanctions, including loss of academic credit, inability to make up work, and suspension. The policy also stated that legal action may be taken against the parent.
After receiving a complaint about the enforcement of Tri-Creek’s policy, the United States intervened in the case, Scheidt v. Tri-Creek School Corporation, on behalf of Ruth Scheidt and her son, M.S., both adherents to the religious tenets of the United Church of God. During the 2004-05 school year, M.S. was given eight unexcused absences for documented religious attendance; teachers failed to allow him to make up classwork; and the district threatened expulsion and legal action, including the filing of educational neglect charges against Ms. Scheidt. On August 10, 2005, the Section filed a brief asserting that Tri-Creek’s attendance policy violated Ms. Scheidt and her son’s right to exercise their religion freely, and Ms. Scheidt’s right to raise her son consistent with her religious beliefs.
Shortly after the Section's intervention, the District and the plaintiffs reached a settlement that: (1) absences for religious observances will be recorded as “excused” and credit given for timely make-up work; and (2) school attendance policies will be revised to accommodate religious observances. Unlike in the past, there is now no limit on the number of excused absences a student may receive for religious observance.
stealth2
Under the Radar Member
You're right - it COULD be Sukkot. However, once again, all seven days are NOT holy days - ONLY the first and last. That's two days out of the proposed 10. In the real world, in real life, people have to juggle their religious and other obligations. The professor is not obligated to cater to the student's desire to turn a two-day obligation into a 10-day vacation. I am certain that there are others who celebrate Sukkot in the Bowling Green area which whom OP could celebrate with. If he chooses to travel and take ten days off, that is his choice. One which comes with consequences.
Red_hothead
Junior Member
I too keep this festival and am having similar trouble this year.
I am in my final year of university and am curently on academic probation for getting 2:2 grades instead of 2:1 grades. One of the conditions of the probation is that I hand in all the work on-time etc. However, I am going to be away for the same time period. I have been told in no uncertain terms that if I go, I will be moved up a stage of probation towards expulsion. Surely this is indirect religious discrimination because the rules leave it impossible for me to attend this festival?
I am in my final year of university and am curently on academic probation for getting 2:2 grades instead of 2:1 grades. One of the conditions of the probation is that I hand in all the work on-time etc. However, I am going to be away for the same time period. I have been told in no uncertain terms that if I go, I will be moved up a stage of probation towards expulsion. Surely this is indirect religious discrimination because the rules leave it impossible for me to attend this festival?
Unless your religion forbids you to do your homework for 10 days, I don't see the discrimination here.
Sounds like you have yourself a decision to make.
OH? Here in Wisconsin I know of no one who is Jewish who does NOT take off 1-2 days for Rosh Hashonah. My daughter's PUBLIC school is closed every year due to the high rate of absence- they simply call it Fall Break, and have the day as a school holiday. Even those less observant make a point to differentiate the day and do not work.
But NOBODY, not even the Jewish Day Schools in the area are closed the entire Rosh Hashonah to Yom Kippur stretch of time. Nor are they closed the entire Sukkot holiday.
stealth2
Under the Radar Member
Ditto - our schools were closed for two days for Rosh Hashanah, and will be closed next week for Yom Kippur. Not, however, for Sukkot. One town over has a very large Hassidic population, and they do close their yeshivas for the duration of these holidays.
Technically, I (and therefore my kids) should likely take all of Holy Week off prior to Easter as we observe it quite strictly in our Church. But, being realistic, a full week off school and/or work isn't going to happen. (And no, Spring Break does not normally coincide with our Easter/Holy Week due to calendar differences.)
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