Court rules against NY worker fired for refusing LGBTQ training

The Bobster

Senior News Editor since 2004

Court rules against NY worker fired for refusing LGBTQ training​



By
Isabel Keane


March 15, 2023 12:25pm
Updated










A federal appellate court rejected the case of an upstate man who was fired from his job at a school district in 2018 after refusing to attend mandatory workplace LGBTQ training.
Raymond Zdunski argued that the LGBTQ training held by his employer, the Erie 2-Chautauqua-Cattaraugus Board of Cooperative Educational Services (BOCES), was “aimed at changing his religious beliefs about gender and sexuality” and was against his religion as a devout Christian, the Buffalo News reported.
The BOCES denied Zdunski’s request for religious accommodations.
In the lawsuit, Zdunski sought reinstatement, back pay and $10 million in damages, but District Judge Geoffrey W. Crawford dismissed the case a year ago.
On Monday, the Manhattan-based 2nd US Circuit Court of Appeals agreed with that decision and backed BOCES for terminating the Ashville, New York, man.

Zdunski Raymond Zdunski worked at BOCES for about seven years before he was fired.WKBW
Both judges disagreed with Zdunski’s claims of “unlawful religious discrimination” and sided with BOCES. His former employer has maintained that Zdunski was fired after repeatedly refusing to complete the mandatory training program that was designed to facilitate a safe environment for students and staff.


“It just seems like the country is against the Christian way of life, and it’s for everything else,” Zdunski said in response. “We’re not allowed to practice our way of life but anyone else can, it seems.”


David O’Rourke, district superintendent and CEO of Erie 2-Chautauqua-Cattaraugus BOCES, reiterated that Zdunski was not fired because of his religious beliefs, but because he continuously refused to attend the mandatory training program.

David O'RourkeDavid O’Rourke, BOCES district superintendent, agreed with both courts’ decisions and said the organization was committed to creating a safe environment for all.Facebook/David O'Rourke
“We agree with the decisions of both the United States District Court and the Court of Appeals, and remain committed to fostering a safe and supportive environment for all students and staff,” O’Rourke said.


Zdunski worked at the BOCES central business office in Fredonia as an account clerk for about seven years, making $32,000 each year. He was promoted to senior account clerk a week before being fired.


After refusing to take part in the training session, Zdunski asked his bosses to schedule a mandatory training session concerning the persecution of Christians, according to court documents.

rainbow flagThe Board of Cooperative Educational Services denied Zdunski’s request for religious accommodations. Getty Images
In last year’s court ruling against Zdunski, Crawford noted that state law requires BOCES to provide annual anti-discrimination trainings for all employees to maintain an environment free of discrimination and harassment.


If BOCES allowed Zdunski to skip the training, it would have violated the requirements in the Dignity for All Students Act for anti-discrimination training that all BOCES employees must complete as a condition of their employment, Crawford said


Zdunski’s lawyer, Kristina S. Heuser, said his rights were violated “for no other reason than his refusal to be indoctrinated with anti-biblical teaching.”

BOCESBOCES has maintained that it was offering the training in order to foster a safe environment for students and staff.Erie 2-Chautauqua-Cattaraugus BOCES
“Though the lower courts did not find in his favor, we are not deterred and will seek redress from the US Supreme Court,” Heuser said.
 
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