Courts

Judge Hit With $1.1 Million Verdict Over Firing Jewish Employee

She alleged her First Amendment free exercise right was violated.

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First Amendment textOn Friday, a jury awarded Kimberly Edelstein — a former staff attorney and magistrate in Ohio — $1.1 million for her claims against Butler County Judge Greg S. Stephens. The award, which consists of $835,000 in back pay, $250,000 in compensatory damages, and $35,000 in punitive damages, was over allegations Edelstein, a Jewish attorney, was fired for requesting time for the Jewish High Holidays. The jury found Edelstein’s First Amendment right of free exercise was violated.

Edelstein worked for Judge Stephens’s predecessor for over eight years, and was hired by Stephens when he took over that seat. As reported by Law360, the claim arises from Edelstein’s request for time off in 2016:

She told Judge Stephens in July 2016 that she needed to take eight non-consecutive days off the following October for the High Holidays. Edelstein claims the judge yelled at her, angrily saying “holy cow, eight days,” court filings stated.

Edelstein said Judge Stephens calmed down after she explained the days were work restricted and that the previous judge let her take the days off, waving her away and saying “fine,” the filings said.

However, according to court filings, Judge Stephens took steps to fire Edelstein the following day. Her termination was was finalized in August 2016. The following year, Edelstein filed her lawsuit alleging her free exercise rights were violated.

The defendant’s attorney, Linda L. Woeber, said of the verdict, “we strongly believe the evidence did not support the verdict and we are considering our options.” The jury found in Stephens’s favor that Edelstein’s 14th Amendment rights were not violated as a result of her termination.

Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.

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