I don't know why more people aren't writing about this...

[onionsoupmix]

There's a case pending before the Supreme Court now and the frum organizations are on the wrong side here.

In Hosanna-Tabor v. EEOC, the Supreme Court is considering whether a parochial school has the right to fire employees at will. Traditionally, religious organizations have been given a lot of latitude when it comes to compliance with employment

Comments

[anonymous]

It depends.

In commercial disputes, it's not necessarily a problem if both parties agree to it, and if there is no concern about conflict-of-interest. Like OSM said, it's just a form of arbitration, and keeps the courts from being more clogged.

I've never thought about it in terms of employment disputes. Hypothetically, I suppose an employment contract could include a clause that any dispute would be arbitrated by the beis din, and that any ruling would be legally enforceable. You may be able to insert a clause into the employment contract explicitly stating that the laws of New York or wherever shall be incorporated into the contract.

Has anyone ever brought an employment dispute to the beis din, and if so, how are they generally handled? I don't know if the members would automatically favor an organization over an employee. Perhaps there could be some sympathy for a fired frum employee - there could be many children, perhaps one of the rabbis had a wife who supported him through kollel by teaching at Bais Yaacov while pregnant, etc. Truly outrageous treatment of an employee unconnected to any religious rationale may not fly. OTOH, an employee could be subject to rules which seem irrelevant, unfair and/or intrusive if some religious basis is argued. For example, I remember years ago reading on imamother an argument that any Bais Yaacov teacher who got divorced should be fired, since she could no longer be a good role model for girls preparing for marriage. FTR, many disagreed with her, including a number of divorced women on imamother, since a rule like that would discourage women from fleeing violence and instantly plunge families into poverty by cutting off on of the most common sources of employment for women.

JRKmommy