Mellon Bank disciplined an employee because his actions were offensive, not because of his religion, a federal judge has ruled.

U.S. District Judge Terry McVerry said the bank's reasoning was credible when it denied Albert (Avraham) Schwartzberg, 58, of Squirrel Hill, a merit raise after he wrote negative e-mails about gay and lesbian employees and then terminated him when he was found sleeping on the job for the fourth time.

Mr. Schwartzberg, who is an Orthodox Jew, was hired by the bank in 2002 and worked in a phone center where he provided assistance to customers who were retirees.

He's legally blind and used a large computer screen and adaptive software to help him perform his job. Additionally, the bank allowed him to leave early on Fridays to observe the Sabbath and gave him first priority to schedule his vacation time to coincide with religious holidays.

He was a member of the company's group for people with disabilities, known as HEART, and in May 2005, like all other Mellon employees, he received an e-mail inviting him to a luncheon hosted by the Mellon's gay, lesbian, bisexual and transgender employee group with Parents and Friends of Lesbians and Gays. Five days later he received a reminder from the head of the group for disabled employees about the luncheon.

His trouble at work started two days later when he sent a note back to the head of the disability group saying it should not be lumped in with other groups of workers. His note included the line, "If you happen to be black or purple or green, etc. or happen to have this sickness called gay or lesbian, just do your job."

The head of the group sent the note to the Human Relations department and later testified the e-mail showed a lack respect for other individuals. The company agreed and called Mr. Schwartzberg in for a meeting where he was told his e-mail reply was offensive and that while the company respected his opinion, he was required to treat all co-workers with respect. He replied later with a religious postcard and a note that said in part, "the true friend of gays and lesbians is the one that points them to help."

For this he was given a final written warning and told that he could be fired if there were any additional violations of company policy.

He was found sleeping on the job repeatedly and denied a merit raise because he was on "final warning status."

He sued the company claiming he was discriminated against because of his religion.

Judge McVerry said that even in the light most favorable to Mr. Schwarztberg, the facts did not fall in favor of his claim, and he dismissed the case.