Towards the end of May, the Constituent Services Department of Agudath Israel received an urgent call from David. David is a student in middle of a Ph.D. residency, who was being forced to attend a Shabbos class or risk being expelled from his program.
David told us that he was being required to participate in a week-long Zoom seminar starting on Shabbos, June 12. He had already politely asked his professors to provide alternate arrangements for him, as attending Zoom on Shabbos would violate his religious beliefs, but the college was unwilling to make any adjustments to accommodate his religious needs.
In addition to contacting the college directly, the Agudah Constituent Services department recommended a lawyer for David to call and promised to stay in touch with him on a daily basis.
David consulted with two lawyers who worked hard to help him. One of them wrote a letter to the Assistant Attorney General in the state where the college is located.
But on Tuesday, June 8, the Assistant Attorney General responded to his request for accommodation by stating that the university had worked to find a reasonable accommodation for his religious beliefs that did not present an undue burden or alter the program. However, the parties were unable to identify such an accommodation and therefore denied his request.
David was understandably upset and contacted us again. He had invested a great deal of time and resources in this doctoral program, and he did not want to be disqualified and forfeit his degree.
On Wednesday, June 9, Rabbi Mordechai Biser, special counsel for Agudath Israel, wrote a letter to the university administration:
To Whom It May Concern;
"I am writing on behalf of David… David is an Orthodox Jew who is a student at your university. Agudath Israel of America is a national Orthodox Jewish advocacy organization and I serve as one of its attorneys.
David T. is an Orthodox Jew who adheres to Jewish law. As a Sabbath observer, he is prohibited by Jewish law from using Zoom or speaking into a microphone or using any other electronic device on the Jewish Sabbath.
We respectfully request that you respect David's religious rights and make arrangements for him to fulfill his course requirements without forcing him to violate his religious observance…
We are requesting your understanding in the spirit of inclusion and religious tolerance to please accommodate David's religious needs
Thanking you in advance,
Sincerely,
Rabbi Mordechai Biser
Special Counsel
Out of other options, David purchased a ticket with the intention of flying to the college Thursday night to try to personally speak to the professors.
On Thursday afternoon, as he was packing for his flight, he received a surprise email from the Assistant Attorney General. The email said that the university had agreed to rearrange the schedule for the Saturday and Sunday portions of the intensive residency week such that David could complete his requirements in a manner that aligned with his religious beliefs.
David could not believe his eyes. He did not have to travel to the college. He could fulfill his college requirements online without undue hardship and stress and be able to observe Shabbos.
He emailed us:
"I am tremendously surprised at this. I had booked a ticket and was going to take off at 4 pm today when I got this…"
And, as one of his lawyers wrote:
"Baruch Hashem, the good guys actually do win sometimes."
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