On December 16, 2025, the New York Court of Appeals—the highest court in the state—issued an important decision involving off-duty speech and workplace protections.
In Sander v. Westchester Reform Temple, a Jewish educator claimed she was fired for co-authoring a blog post critical of Israel and Zionism, arguing that this violated New York Labor Law § 201-d, which protects certain legal off-duty activities.
The Court did not decide whether blogging or expressing political views online is a protected “recreational activity” under the law.
Instead, the majority ruled that the case was barred by the ministerial exception, a constitutional doctrine that prevents courts from applying employment laws to disputes between religious institutions and employees who perform religious functions.
Because the teacher’s role involved teaching religious texts and supporting the synagogue’s religious mission, which included support of Israel, the Court held that the law could not be used to challenge her termination.
Importantly, a concurring judge agreed with the dismissal but for a different reason, concluding that even if blogging were considered a protected recreational activity, the blog post created a “material conflict of interest” with the employer’s mission and business interests, which would also remove it from statutory protection.
KEY TAKEAWAYS
Employees of religious employers who serve in teaching or leadership roles may not be able to rely on New York’s off-duty conduct protections in case of dispute.
The Court left unresolved the broader question of how New York law applies to off-duty political or online speech in non-religious workplaces, an issue that will likely be litigated further.
However, the concurring opinion indicates that an off-duty activity which conflicts with an employer’s business interests may likewise not be protected under New York Labor Law.
If you have any questions about employee speech, social media policies, religious-employer exemptions, or other matters, contact us.
