The Brandeis Center hosted a webinar earlier this month entitled “Religious Accommodations in the Corporate Workplace.” Panelists discussed the history of religious inclusion in America, the laws used to protect religious inclusions in the workplace, and the current trend of such laws among U.S. regulators and courts. . Hon. Andrea R. Lucas, Commissioner of the U.S. Equal Employment Opportunity Commission, served as moderator. The panelists included Freedom Forum Fellow for Religious Freedom Richard Foltin, Anti-Defamation League Director of Regional Operations Etzion Neuer, and Brandeis Center Senior Counsel Arthur Traldi. . After a brief introduction, Richard Foltin gave background on the legal history of religious accommodations mandated in the United States. Religious inclusion is deep-rooted in the values of America, and workplace protection for this is expressed in Title VII of the Civil Rights Act of 1964. Despite this, there have been setbacks in the past. Foltin discussed the language of the applicable legislation; employers are required to grant their employees ‘reasonable accommodation,’ so they can observe their religion as long as it does not cause any ‘undue hardship’ on the business. . What exactly, then, is a ‘reasonable accommodation?’ Foltin suggests that one example is an accommodation that removes the conflict entirely, such as adjusting the work calendar or granting the employee paid time off. Still, employers could then say that this causes ‘undue hardship’ on the business, and, without solid legal representation, this could force employees to choose between their jobs and their faith. This has been the sad truth for many employees, as efforts to make the law stronger in protecting employees’ religious freedoms have been met with pushback in the past. . ADL Director of Regional Operations Etzion Neuer gave a non-legal perspective of how these rules apply to real life. He mentioned that ADL has seen a “dramatic increase” in reports they receive regarding the mishandling of religious accommodations in the workplace. To combat this, ADL trains staffs, appeals to companies, and works for equity. Neuer says that there is reason to be optimistic, as accommodating religions is becoming a “business imperative,” meaning it can no longer be overlooked if businesses want to survive. . The final panelist was Brandeis Center Senior Counsel Arthur Traldi. He provided insights on the direction the law is currently going, citing specific examples that echoed Neuer’s feelings of optimism. For instance, in 2015, the Supreme Court heard a case about a Muslim woman denied a job at Abercrombie & Fitch, because she refused not to wear her head covering at work. SCOTUS ruled in her favor, declaring that Title VII means the company cannot refuse to hire because of religious practices. Traldi said the fact that the court ruled against corporate dress codes for an apparel retailer set the bar very high for claiming ‘undue hardship.’ . Beyond that, new EEOC guidance gives specific examples illustrating when accommodations. This is important, because it gives employers clear direction on when they can and cannot claim undue hardship is being imposed on their business. These hardships must be clearly ascertainable and concrete, not based on anticipation. Thanks to cases and guidance like these, Traldi believes that the legal landscape is continually moving in the direction of increased protection for workplace religious accommodations. . All of this relates to the Shine A Light Campaign against anti-Semitism, of which the Brandeis Center is proud to be a part. This initiative seeks to spotlight modern anti-Semitism and fight to end it through education. Webinars like the one we recently hosted are a fantastic resource that students, employees, and employers can use to help move the needle in the right direction in the battle against all forms of discrimination. . To watch the webinar, click here. . To learn more, read our fact sheet.