NJ Supreme Court rules firing of rabbi in Bergen was justified

Kyle Morel, NorthJersey.com
·3 min read
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The New Jersey Supreme Court upheld a ruling this week justifying a Bergen County yeshiva's firing of a rabbi five years ago for alleged inappropriate conduct.

Wednesday's decision dismisses an appeal by Rabbi Shlomo Hyman, who was let go in 2019 after 31 years of teaching at the Rosenbaum Yeshiva of North Jersey in River Edge. Hyman filed a $10 million defamation lawsuit against the day school that was dismissed in 2021, prompting the rabbi's appeal.

"Judges have no business picking Jewish rabbis or Orthodox priests," said Laura Wolk Slavis, counsel for the Becket Fund for Religious Liberty, which argued the case on behalf of several religious institutions. "The court’s ruling reinforces that common-sense principle, allowing Rosenbaum Yeshiva to choose who passes on its Jewish beliefs to the next generation."

Richard I. Scharlat, Hyman's attorney, could not be reached for comment Thursday afternoon.

The ruling centered on whether Hyman's defamation claims were invalidated by the "ministerial exception" clause outlined in the First Amendment. The legal doctrine requires courts to stay out of employment disputes involving employees holding "certain important positions with churches and other religious institutions."

The six members of the Court who heard the appeal — Justice Rachel Wainer Apter did not participate — were split 3-3 on whether discovery, the ability for each party in a lawsuit to obtain evidence from other parties, was required in the case. As a result, the Court affirmed the ruling of the appellate division, which agreed with the trial court's dismissal of the case on summary judgment without discovery.

Rabbi Shlomo Hyman, a teacher at the Rosenbaum Yeshiva of North Jersey for 31 years, says the school destroyed his reputation, and did not allow him to defend himself against undisclosed accusations.
Rabbi Shlomo Hyman, a teacher at the Rosenbaum Yeshiva of North Jersey for 31 years, says the school destroyed his reputation, and did not allow him to defend himself against undisclosed accusations.

Hyman's termination was due to conduct "neither acceptable nor consistent with how a rebbe in our Yeshiva should interact with students," the school wrote in a letter to parents in May 2019. The allegations outlined in the rabbi's lawsuit included touching students' shoulders and backs, placing stickers on their lapels and catching them while falling backward in a game of "trust."

Hyman's lawsuit alleged he was never given a chance to defend himself from the accusations, and that he was let go primarily as a cost-cutting measure. Attorneys for the rabbi have previously stated that the yeshiva never contacted law enforcement about his conduct, indicating there was nothing to report.

The suit also stated that Hyman "became an unemployable pariah" in the close-knit Orthodox community that ostracized his wife and five children as well. One of his daughters was forced to transfer schools, while another allegedly suffered health problems from emotional distress over the situation.

Wolk Slavis argued that religious groups like the Rosenbaum school should not be subject to defamation suits like Hyman's, which would require government officials to scrutinize how they choose to discipline an employee.

"Religious schools should not have to fear being dragged into court when making decisions that seek to protect children in their care," she said. "The Justices ensured that this freedom is upheld for Jews and for people of all faiths across the Garden State."

Hyman has 90 days from Wednesday's ruling to appeal the decision to the United States Supreme Court.

This article originally appeared on NorthJersey.com: River Edge NJ rabbi firing was justified, court rules