Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Second Circuit Rejects Appeal of Employee Terminated for Refusal to Attend LGBTQ Bias Sensitivity Training

Author: Scarinci Hollenbeck, LLC

Date: March 20, 2023

Key Contacts

Back

In Zdunski v. Erie 2-Chautaiqua-Cattaraugus BOCES, No. 22-547 (2d Cir. Mar. 13, 2023), the U.S. Court of Appeals for the Second Circuit rejected the claim of a terminated employee that he was unlawfully discriminated against based on religion when he refused to attend mandatory LGBTQ anti-discrimination and bias training. The district court found that the termination was not because of the employee’s religion but rather for repeatedly refusing to attend mandatory employee training sessions. Plaintiff sought reinstatement, back pay and $10 Million in damages.

Background

Zdunski worked at the BOCES central business office in Fredonia, New York for approximately seven years, earning an annual salary of $32,000. After another employee advised the employer that they were undergoing transition surgery, the employer, in keeping with requirements under the Dignity for All Students Act (“DASA”), required all employees to attend LGBTQ anti-bias and sensitivity training. Zdunski advised the employer that the teaching at the training would contradict his religious beliefs as a “devout Catholic” and requested an accommodation exempting him from the training. Zdunski did not attend the training. Thereafter, he received a memo advising him that he was required to attend the mandatory training in May 2018. He again asked the objective of the training and asked for an accommodation. He did not attend the training. Zdunski was then given a counseling memo advising him that he had to attend the mandatory training the next day or be subject to discipline up to and including termination. He did not attend. Shortly thereafter, Zdunski received a termination notice.

The Action

After his termination, Zdunski filed a complaint with the New York State Division of Human Rights (“NYSDHR”) which was cross-filed with the Equal Employment Opportunity Commission (“EEOC”). The NYSDHR issued a determination of No Probable Cause dismissing the complaint which was adopted by the EEOC. Zdunski then filed in the United States District Court alleging that the training was “aimed at changing his religious beliefs about gender and sexuality,” and that attending the training “would have caused him to violate the religious teachings to which he adheres.”

The district court found in favor of the employer holding that the plaintiff’s “unsupported assumption that Defendants believe him to be bigoted due to his religious beliefs is insufficient for support an inference of discrimination.” Additionally, the district court held that “the evidence in the record supported Defendants’ position that his termination was due to repeatedly refusing to attend a mandatory employee training.” In finding that the plaintiff did not point to any evidence that he was treated differently from other employees who refused to attend the training, the district court also found that Zdunski failed to provide any evidence of intent or malice on the part of the employer.

The Second Circuit upheld the district court’s decision finding there was not sufficient evidence to support Zdunski’s claims.

Issues for Employers

Over the last several years, there have been several decisions concerning religious freedom and LGBTQ rights. As more legislation comes down the pike, we can expect more of these types of challenges. Here, the employer was not required to give an accommodation as doing so would have caused the employer to be in violation of New York State law requiring them to provide annual anti-discrimination training to all employees.

Employers should consult with employment counsel to ensure that their trainings, policies and Diversity, Equity and Inclusion measures are up-to-date and consistently applied. Zdunski, through counsel, advised that he intends to seek review from the United States Supreme Court on this issue. The Supreme Court however, is expected to hear another case of religious accommodation in the employment sector in Groff v. DeJoy, which is currently scheduled for oral argument on April 18, 2023.

We will continue to monitor and report on the Groff matter as well as any updates in this matter.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
New Jersey Will Contest Grounds Explained post image

New Jersey Will Contest Grounds Explained

How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]

Author: Marc J. Comer

Link to post with title - "New Jersey Will Contest Grounds Explained"
Legal Issues Before Bringing on Investors post image

Legal Issues Before Bringing on Investors

Bringing on outside investors can provide the capital and strategic support a business needs to grow. However, raising capital also introduces important legal, financial, and operational considerations. Before bringing on investors, businesses should address key legal issues to reduce risk, streamline investor due diligence, and position the company for long-term success. Early preparation signals that […]

Author: Dan Brecher

Link to post with title - "Legal Issues Before Bringing on Investors"
SECURE 2.0 RMD Planning Strategies post image

SECURE 2.0 RMD Planning Strategies

How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]

Author: Marc J. Comer

Link to post with title - "SECURE 2.0 RMD Planning Strategies"
Buying Commercial Property in New Jersey: Legal Guide for Small Businesses post image

Buying Commercial Property in New Jersey: Legal Guide for Small Businesses

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]

Author: Robert L. Baker, Jr.

Link to post with title - "Buying Commercial Property in New Jersey: Legal Guide for Small Businesses"
The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities post image

The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]

Author: Dan Brecher

Link to post with title - "The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities"
Common Legal Mistakes NYC and New Jersey Business Owners Make post image

Common Legal Mistakes NYC and New Jersey Business Owners Make

Operating a business in the New Jersey and New York City metropolitan region offers incredible opportunities, but it also requires navigating a dense and highly regulated legal environment. From entity formation to regulatory compliance, seemingly minor legal oversights can expose business owners to significant risk. In our work with businesses throughout the region, our attorneys […]

Author: Dan Brecher

Link to post with title - "Common Legal Mistakes NYC and New Jersey Business Owners Make"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!