Vonage faces suit for religious discrimination BY KAREN E. BOWES Staff Writer HOLMDEL - An Orthodox Jewish man has filed a religious discrimination lawsuit against Vonage, the telephone giant headquartered in the township. Attorneys for Mikhail Rozenberg, of Edison, filed the suit in federal court on June 26, alleging Rozenberg was fired after the company refused to allow him to observe several holidays and the Friday evening Sabbath. The U.S. Equal Employment Opportunity Commission (EEOC) a federal agency, is representing Rozenberg. According to the EEOC, Rozenberg was hired as a technical service agent in September 2005, but was fired after less than three months. EEOC Senior Trial Attorney Sunu Chandy said her client informed Vonage before they hired him that he would not be able to work on Friday evening and Saturdays. Also, the company required Rozenberg to attend a six-week training program without missing a single day. But since the session conflicted with holidays occurring in late September and throughout October of 2005, Rozenberg asked to attend a later session. Vonage agreed to a second session but again scheduled him for one that conflicted with the October holidays. "There were a series of failures to accommodate," according to Chandy. "There were at least two training sessions where they did not accommodate religious holidays and the last training series involved an evening training session where they would not accommodate Friday night Sabbath." In October 2005, Rosh Hashana, the Jewish New Year, fell on the fourth of the month while Yom Kippur, the day of atonement, fell on the 13th. In addition, the celebration of the harvest, known as Sukkot, fell on the 18th of the month; the holy day of Shemini Atzeret fell on the 25th, and Simhat Torah, a day that celebrates the reading of the Torah, occurred on the 26th. EEOC contends that Rozenberg asked to have two days off to observe these holidays but did not specify the exact dates, according to the complaint. "Rozenberg again tried to reschedule the training sessions following the Jewish holidays," according to the complaint. "Despite the availability of sessions that did not conflict with his religious observances, defendants did not allow Rozenberg to participate in these sessions." "In December 2005, [the] defendants informed Rozenberg that the only positions then available required him to work on Saturdays," according to the complaint. Also, it is alleged, the defendant's management representative told him "you will not fit here" and that when he stopped practicing his religion, he could come back. Vonage spokesman Charlie Sahner said the lawsuit is without merit. "We'll dispute it," Sahner said on Monday. "Vonage has a very diverse workforce and we respect the individuality of our employees." "We categorically deny the EEOC's contention, that Mr. Rozenberg was subjected to religious discrimination and we're going to vigorously defend the lawsuit," Sahner said. Sahner said the allegation that Rozenberg's manager told him to come back when he stopped practicing his religion "is particularly inflammatory." "That incident never happened and is completely false," Sahner said. As far as working on Saturdays and asking to miss only two days of training, Sahner said the attorney's were still investigating those claims. "Those are, the best way to put it, new issues not previously raised in the proceedings that led up to the lawsuit," Sahner said. Chandy said Vonage acted in an unreasonable manner by denying the holidays and proposing Rozenberg work on Saturdays. She said her agency receives thousands of proposals each year but chose to represent Rozenberg because the case is an important and symbolic one, an indication that employers across America are in serious need of religious and legal education. "There were a series of failures that led us to think that something is not right here," Chandy said on Monday. "We want to send a message to employers and employees," Chandy added, "to say what the law requires." Now that the EEOC has filed the complaint, Vonage will follow up with a response, Chandy explained. After meeting with a judge, both parties will most likely work to settle out of court, she added. "I think missing two days of a six-week class, you can get the handouts," Chandy said, explaining why her client's demand was reasonable. The attorney added that she realized this would be extra work for the teacher. "But that's what an accommodation is," Chandy said.