## Facts

- Gerald Pinsker was a Jewish teacher employed by Joint District Number 28J of Adams and Arapahoe Counties (the school district) in Aurora, Colorado.
- The school district’s calendar was set so that Christmas was not a school day and, in most years, there was no school on Good Friday or Good Friday afternoon.
- As a result, teachers who observed those Christian holidays generally did not need to use personal leave or take unpaid leave to be absent.
- Pinsker did not work on three Jewish holidays: one day for Yom Kippur and two days for Rosh Hashanah.
- In some years, all three Jewish holidays fell on school days, requiring Pinsker to use leave to be absent.
- The school district’s leave policy was created through collective bargaining and provided a bank of 12 days of paid leave.
- From that bank, a teacher could use up to two days as “special leave” for specified purposes; teachers were allowed to use special leave for Jewish religious observances.
- The policy limited special leave so that only 20 teachers could take special leave on any given day.
- Over the six years before the lawsuit, Pinsker took a total of three days of unpaid leave for Jewish holidays; in one instance the district apparently did not dock his pay for the “unpaid” day.
- Pinsker sued in federal district court alleging (1) religious discrimination under Title VII of the Civil Rights Act of 1964 and (2) a violation of his First Amendment right to free exercise of religion, brought under 42 U.S.C. § 1983; the Aurora Education Association intervened as a plaintiff.
- The district court ruled for the school district and dismissed the Title VII claim and rejected the free-exercise claim.
- Pinsker and the intervenor appealed to the United States Court of Appeals for the Tenth Circuit.

## Issues

1. Did the school district’s calendar (Christmas and most Good Fridays off) and its collectively bargained leave policy constitute unlawful religious discrimination against Jewish teachers under Title VII?
2. Did the calendar and leave policy place an unconstitutional burden on religious exercise, actionable under 42 U.S.C. § 1983 and the First and Fourteenth Amendments?

## Decision

- The Tenth Circuit affirmed the district court’s judgment for the school district.
- The court upheld dismissal of the Title VII religious-discrimination claim.
- The court held the plaintiffs had not shown a violation of the Free Exercise Clause cognizable under § 1983 based on the calendar and leave policy as applied.

## Legal Principles

- A school district’s use of a facially neutral, collectively bargained leave system—available to all teachers and usable for religious observance within stated limits—does not, without more, establish Title VII religious discrimination.
- A public employer’s calendar that coincides with widely observed holidays, combined with an evenhanded leave policy for other religious observances, is not automatically disparate treatment under Title VII.
- A Free Exercise claim requires more than a minor or incidental burden; a policy that permits religious observance through use of paid leave (and, if necessary, unpaid leave) may fall short of unconstitutional coercion or penalty when applied on equal terms to all employees.
- Evidence of the actual burden matters: limited instances of unpaid leave, and circumstances showing the employee could observe religious holidays by using available leave options, support a finding that the policy did not amount to a constitutional violation.

## Conclusion

Pinsker, a Jewish public-school teacher, challenged his district’s calendar and leave rules because Christmas and most Good Fridays were scheduled as non-school days while Jewish holidays often required him to use limited “special leave” or take unpaid time off. The Tenth Circuit affirmed judgment for the district, concluding that the neutral, collectively bargained leave framework and the modest practical impact shown in the record did not establish Title VII religious discrimination and did not amount to an unconstitutional burden on the free exercise of religion.


Pinsker v. Joint District Number 28J of Adams and Arapahoe Counties, 735 F.2d 388 (1984)