A federal appellate court rejected the appeal of an upstate man who was fired from his job at a faculty district in 2018 after refusing to attend a compulsory workplace LGBTQ training.
Raymond Zdunski argued the LGBTQ training held by his employer, the Erie 2-Chautauqua-Cattaraugus BOCES, was “aimed toward changing his religious beliefs about gender and sexuality” and was against his religion as a devout Christian, The Buffalo News reported.
The Board of Cooperative Educational Services (BOCES) denied Zdunski’s request for religious accommodations.
Within the lawsuit, Zdunski sought reinstatement, back pay and $10 million in damages, but District Court Judge Geoffrey W. Crawford dismissed the case a yr ago.
On Monday, a Manhattan-based 2nd US Circuit Court of Appeals agreed with that call and backed BOCES for terminating the Ashville, Latest York man.
Each judges countered with Zdunski’s claims of “illegal religious discrimination” and sided with BOCES. His former employer has maintained that Zdunski was fired after repeatedly refusing to finish the mandatory training program that was designed to facilitate a protected environment for college students and staff.
“It just looks like the country is against the Christian lifestyle, and it’s for all the pieces else,” Zdunski said in response. “We’re not allowed to practice our lifestyle 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 due to his religious beliefs, but because he repeatedly refused to attend the mandatory training program.
“We agree with the selections of each america District Court and the Court of Appeals, and remain committed to fostering a protected and supportive environment for all students and staff,” O’Rourke said.
Zdunski worked on the BOCES central business office in Fredonia as an account clerk for about seven years, making $32,000 annually. He was promoted to senior account clerk per week before being fired.
After refusing to participate within the training session, Zdunski asked his bosses to schedule a compulsory training session regarding the persecution of Christians, based on court documents.
In last yr’s court ruling against Zdunski, Crawford noted that state law requires BOCES to offer annual anti-discrimination trainings for all employees to keep up an environment freed from discrimination and harassment.
If BOCES allowed Zdunski to skip the training they’d have violated the necessities within the Dignity for All Students Act anti-discrimination training that every one BOCES employees are required to finish 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.”
“Though the lower courts didn’t find in his favor, we aren’t deterred and can seek redress from the US Supreme Court,” Heuser said.
