The Biden-Harris administration has taken a major step against antisemitism in the US by announcing an expansion of the Civil Rights Act regarding religious discrimination. The White House announced that eight federal agencies, including the Department of Labor, have been explicitly instructed to extend and enforce civil rights protections to victims of antisemitism, islamophobia, and other religious bigotry.
This announcement comes at a crucial time for Jewish Americans. According to the Anti-Defamation League (ADL), antisemitism has risen dramatically over the past decade. The ADL found that attacks and harassment directed at Jewish people quadrupled between 2013 and 2022, and the trend has only continued this year. With the outbreak of military action in Israel, all types of antisemitism will likely spike in the coming months, including discrimination in the workplace.
The rising frequency of antisemitism in the US is exactly why the Biden administration made its announcement. While the Civil Rights Act has always stated that religious belief is a protected characteristic in the workplace, enforcing this has long been complex due to political disputes regarding the separation of church and state. As a result, Jewish people and other religious minorities have often struggled to receive equal treatment regardless of federal law.
The new initiative addresses this in several ways. First, it requires the eight federal agencies responsible for funding various social support networks and services to clarify in writing that antisemitism and related forms of discrimination are prohibited. Second, it orders these agencies to specifically train their staff to identify and respond to religious bigotry. Finally, it prioritizes investigating and enforcing protections for Jewish people nationwide.
While these actions may not directly prevent Jewish people from facing discrimination, they are still valuable protections. They also highlight the continuing importance of awareness and self-advocacy by people facing antisemitism – federal protections only help people who know their rights. There’s never been a more important time to understand your options if you face religious discrimination in the workplace, so let’s break down what it looks like.
What Constitutes Antisemitic Discrimination?
As part of the Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC) regulates and enforces fair and nondiscriminatory employment practices nationwide. Under the new initiative, it has already produced invaluable new resources breaking down what antisemitism looks like in the workplace. The agency identifies five primary types of discrimination that Jewish people may face due to their religious beliefs:
- Harassment: Many behaviors can constitute harassment, from unwelcome remarks or conduct related to an employee’s religious identity to the requirement or other coercive attempts to make someone alter their spiritual practices to maintain their employment. Examples include making jokes about a Jewish person’s religious beliefs, calling them slurs, posting offensive caricatures or other imagery, or barring a Jewish employee from displaying religious symbols if other employees are permitted to do so.
- Lack of accommodations: The Civil Rights Act requires most employers to provide reasonable accommodations for employees’ religious beliefs and practices; failing to do so is discriminatory. This may include preventing them from wearing religious apparel like yarmulkes, enforcing dress and grooming codes prohibiting sideburns or requiring short skirts, or refusing schedule changes or leave for religious observances.
- Disparate treatment: Employers may not treat employees differently due to their religious beliefs. For instance, companies may not prohibit Jewish workers from taking Saturdays off if they permit Christian workers to take Sundays off. Similarly, they cannot pay, promote, lay off, or train workers differently based on their religions.
- Segregation: Companies may not segregate workers due to their beliefs, either. This includes assigning workers to certain departments, shifts, or roles specifically because of their religion. For example, a manager may not post a Jewish worker to back-of-house duties to keep them away from customers.
- Retaliation: Religious activities and requesting religious accommodations are protected activities. Employers may not take adverse employment action against employees for engaging in these activities. Firing, demoting, transferring, or cutting the hours of a Jewish worker for requesting the High Holidays off work is considered unlawful retaliation.
Instances of all of these types of discrimination are likely to increase in the coming months. If you identify as Jewish, it is in your best interest to prepare for similar issues at your workplace and understand your rights after experiencing discrimination.
What to Do If You’re Facing Religious Discrimination at Work
You may feel vulnerable and insecure if you’re facing discriminatory practices at work. However, your federal protections are stronger than ever. Do not allow an atmosphere of fear to keep you trapped in an abusive workplace. Instead, prepare to take action:
- Document discriminatory behavior: If there are dress codes, leave, or decoration policies that prevent you from exercising your religion, save copies to a personal device. Similarly, keep copies of emails and other communications with biased language or insults. If there are examples of slurs or antisemitic imagery in the workplace, take pictures.
- Collect evidence of discriminatory trends: Some forms of discrimination are more subtle. Take note if you realize everyone in your department is Jewish, but there are no Jewish workers elsewhere. Gather documentation showing unfair hiring, training, or promotional practices, if you can.
- Make an official report if it is safe to do so: Filing a complaint with HR establishes a paper trail regarding your complaint. If you believe it is safe, make an official report to give your employer the chance to fix the issues.
- Consult with an experienced workplace discrimination lawyer: You can talk to an attorney to discuss whether you have grounds for a discrimination, retaliation, or wrongful termination claim after the antisemitic abuse you suffered.
At the Law Offices of Todd M. Friedman, P.C., we can help you fight back against antisemitism in the workplace. Schedule your consultation with our skilled employment attorneys to discuss your next steps.
