MATTER OF FELLOWS v. CAPITAL AREA CMTY. HEALTH PLAN


84 A.D.2d 872 (1981)

In the Matter of Mark S. Fellows, Petitioner, v. Capital Area Community Health Plan et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 19, 1981


Petitioner contended that his employer discriminated against him because of his religious beliefs when it terminated his employment for failure to appear for work on Christmas Eve as scheduled. The employer informed its eight maintenance personnel that half were to work on Christmas Eve and half on New Year's Eve, and that they could opt for either day. The days fell on a Monday which was a regular work day. Petitioner expressed no preference immediately, wishing to discuss...

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