This cookie is used by Akamai to optimize site security by distinguishing between humans and bots This cookie is used to detect and defend when a client attempt to replay a cookie.This cookie manages the interaction with online bots and takes the appropriate actions. These cookies ensure basic functionalities and security features of the website, anonymously. Necessary cookies are absolutely essential for the website to function properly. O’Rourke praised the court’s decision and committed to fostering a “safe and supportive environment for all students and staff.” However, Zdunski has criticized the decision and pledged to appeal to the Supreme Court. Circuit Court of Appeals backed the district court’s decision, upholding his firing from the BOCES. He had been fired, the court said, for not attending an anti-discrimination training required of all BOCES employees under the state’s 2010 Dignity for All Students Act. District Court dismissed his lawsuit, ruling that he hadn’t been fired for his religious beliefs. Zdunski sued the BOCES, saying his firing was “unlawful religious discrimination.” His lawsuit sought re-hiring, back pay, and $10 million in damages. The BOCES didn’t grant him a religious exemption and told him to attend the training or face discipline, including potential firing. In his e-mail, Zdunski said he “loves all people and does not treat any co-worker or any other person differently from anybody else based upon their sexual orientation.” When told to attend a make-up training session in May 2018, he refused once more, restating his religious opposition in an e-mail to the BOCES’s human resources director. He requested that the BOCES create a mandatory training session about anti-Christian discrimination. In February 2018, Zdunski told his bosses he didn’t want to attend and listen to “indoctrination that is in contradiction to the tenets of his faith.” He said his beliefs “are dictated to him by the Holy Scripture,” his lawsuit noted. The state-mandated anti-discrimination training was designed “to facilitate a safe environment for both students and staff,” according to David O’Rourke, the district’s superintendent and the BOCES’s CEO.
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