Brandeis Brief: April 2023

The Brandeis Center filed a friend of the court brief in an upcoming Supreme Court case that could change how employees’ religious observance rights are treated by employers. We coordinated a letter from an extended coalition of leading Jewish American national and international organizations chastising a U.S. rugby team for its participation in an international tournament that is discriminating against Israel. And the Bronx Defenders will now require its employees to participate in anti-Semitism training conducted by the Brandeis Center.

Brandeis Center Urges SCOTUS to Protect Employees’ Religious Observance Rights


An upcoming Supreme Court case, Groff v. DeJoy, will decide whether to make it more difficult for employers to deny religious accommodations in the workplace. The Brandeis Center filed a friend of the court brief, urging it to protect employee’s rights by enabling them to receive workplace accommodations for their religious practices.

Brandeis Center Chairman Kenneth L. Marcusexplained that the current standard – allowing employers to decide for almost any reason to deny accommodations – denies religious protections to Orthodox Jews. The standard is: “completely different than what it requires in other cases involving other groups. We’ve argued for a more even-handed or equitable treatment.”

Overall, the Brandeis Center sees the number of workplace anti-Semitism cases on the rise. “It’s going to be really important to make sure that Jewish workers have the tools that they need to prevent unequal treatment. [A new religious accommodations standard] is one the tools that they will need.”

Brandeis Center Leads Group of Jewish American National and International Organizations Urging U.S. Rugby Team Not to Participate in Discriminatory Competition

The Brandeis Center, who is representing the Tel Aviv Heat, called on individual rugby unions to reject SARU’s discriminatory behavior.

Before the tournament was set to begin, the Brandeis Center coordinated a letter from the following organizations chastising an American rugby team for its participation in the tournament:

The American Association of Jewish Lawyers and Jurists
The American Jewish Committee
The Anti-Defamation League
Christians United for Israel Action Fund
Combat Antisemitism Movement
The Conference of Presidents of Major American Jewish Organizations
Israeli-American Coalition for Action
Jewish Federations of North America
Simon Wiesenthal Center
StandWithUs
Zionist Organization of America

“The appearance is that an American team is benefiting from discrimination by filling a void created in large measure by the exclusion of the Israeli team,” stated the 11 groups that signed the Brandeis Center’s letter. “This creates the impression that both your team and USA Rugby support the discriminatory treatment of the Heat — in violation of USA Rugby’s values, the values of international sports, and fundamental American values.”

Brandeis Center to Give Anti-Semitism Training to Bronx Defenders


The Bronx Defenders has agreed to provide anti-Semitism training to all of its employees as part of a settlement with a Jewish employee who was allegedly called a “racist” and “colonizer” for supporting Israel .

Brandeis Center President Alyza D. Lewin explained how biased corporate Diversity Equity and Inclusion programs contribute to workplace anti-Semitism. Sometimes, “they go beyond just leaving out Jews and anti-Semitism, and inadvertently foster a hostility to Jews because they will treat all Jews as powerful, white oppressors and repeat what are really traditional anti-Jewish stereotypes.”

Explaining the Brandeis Center-led training all Bronx Defenders employees will receive, Lewin stated: “I think that when they learn how anti-Semitism manifests itself, they will begin to understand what anti-Semitism is and how to recognize it.”

Kenneth L. Marcus Praises Efforts to Address Anti-Semitic Hate Crimes in Florida

Brandeis Center Chairman Kenneth L. Marcus affirmed a Florida hate crimes bill being considered by the state’s legislature, “is an excellent effort to address a very serious current social problem in Florida and around the country, which is the resurgence of anti-Semitism.”


Marcus emphasized the need to ensure any new legislation comply with constitutional requirements – and urged Jewish Americans to stand strong in the face of unjust criticisms: “There are some white supremacists who are accusing Jews of trying to suppress their speech and undermine the Constitution. This is the same old conspiratorial antisemitic racism that we’ve heard for years and years. Anytime the Jewish community raises its voice to speak out against injustice, others will accuse Jewish Americans of being overly powerful and malignant. The important thing is for the Jewish community to stand our ground, we can’t let this intimidate us. We can’t let this be the basis on which we shrink from fighting an important fight.”

Brandeis Center Commends Senators for Condemning Anti-Semitism in Mideast Studies Programs

The Brandeis Center commended 15 U.S. Senators for authoring a letter to U.S. Education Secretary Miguel Cardona highlighting concerns about taxpayer-funded anti-Semitic activity on campus, specifically in Middle East Studies programs that receive federal funds under Title VI of the Higher Education Act (HEA). Led by Senator Jim Risch of Idaho, the fifteen U.S. Senators demanded to know “to what extent” federal dollars went to programs and events that meet the internationally-accepted International Holocaust Remembrance Alliance working definition of antisemitism.

Title VI of the HEA requires federally funded area studies programs “to reflect diverse perspectives and a wide range of views.” But as the Brandeis Center noted, “It is apparent that many of the federally funded Near East and Middle East Studies programs show extraordinary bias against Israel and have been driving increased anti-Semitism in American higher education.”

“Sen. Risch and his colleagues have taken an important step in ensuring that the Department of Education maintains its dedication to promoting diversity and that federally funded programs are held accountable if they do engage in anti-Semitism,” declared the Brandeis Center.

Marcus Continues to Hold FBI Accountable for Botched Anti-Semitic Hate Crimes Data

When the FBI released a do-over report on 2021 hate crimes statistics, it showed a 20% surge in anti-Semitic hate crimes – far from the decrease the FBI’s initial botched report claimed.

The Brandeis Center first raised concerns about the FBI’s egregious errors following the release of its erroneous hate crimes data report in December 2022. Following the release of the Bureau’s supplemental report, Chairman Kenneth L. Marcus continues to hold the FBI accountable for botching the data in the first place: “We’re glad to see the Biden administration is finally cleaning up the mess from last year’s disastrous FBI hate crimes report. That report demonstrated extraordinary ineptitude at the Department of Justice, as well as in many local jurisdictions.”

Marcus Chides American Bar Association for Failing to Adopt IHRA Anti-Semitism Definition

Last month, the American Bar Association made an 11th hour decision to remove the internationally accepted IHRA working definition of antisemitism from its resolution condemning Jew-hatred.

Brandeis Center Chairman Kenneth L. Marcus criticized the body for its misguided action: “It would have been far more useful if they could have written a stronger statement that incorporated the IHRA working definition of antisemitism. A resolution that doesn’t recognize and acknowledge contemporary manifestations of anti-Semitism, the form we are seeing on the rise on campus and in the workplace, misses a huge chunk of the problem.” The Brandeis Center sent a letter to all members of the ABA House of Delegates before their vote on the resolution, explaining the importance of the IHRA Definition.

Alyza D. Lewin Questions Ben & Jerry’s Commitment to Social Justice as Ice Cream company Faces Child Labor Lawsuit

The Ben & Jerry’s independent board of directors has touted its commitment to “social justice” as justification for its attempt to engage in an unlawful boycott of Israel. The board was prevented from doing so by the settlement agreement the Brandeis Center negotiated with Ben & Jerry’s parent company, Unilever, on behalf of client Avi Zinger, the CEO of Ben & Jerry’s Israel.

Brandeis Center President Alyza D. Lewin pointed out the hypocrisy in Ben & Jerry’s selective social justice priorities – when a lawsuit alleging the ice cream brand uses child labor came to light: “This information that’s now come out about the immigrant child workers does kind of confirm the hypocrisy of the whole episode with Israel. What you had was a board that caved to BDS pressure and it was never about trying to help Palestinians. If you’re going to go out there and claim that you’re all about social justice, then where is your voice now when it comes to these poor children?”

Lewin Discusses ‘Combating the Rapid Rise of Anti-Semitism in the U.S.’ on EMET Webinar

President Alyza D. Lewin joined EMET Founder and President Sarah Stern for a discussion how – from university campuses to corporate boardrooms – the Brandeis Center uses legal tools to address the growing scourge of anti-Semitism. Their conversation can help you know your rights and learn how the law can make a difference.

The Brandeis Center Calls on the University of Pennsylvania to Condemn anti-Semitic speech on Campus

At the request of several Jewish students, the Brandeis Center sent a letter to Penn’s president about a planned campus event with Mohammed El Kurd, explaining the university’s obligation to use its own voice to condemn anti-Semitic hate speech that targets Jewish community members, as well as to educate the campus community about contemporary forms of anti-Semitism.

“We write not to urge the University to prevent Mr. El-Kurd from speaking at Penn. Rather we urge the University to be prepared to speak out promptly and clearly against such anti-Semitic rhetoric, and to use this disgraceful event as a teaching moment to educate the University community about the world’s oldest form of hatred, anti-Semitism. The remedy for hate speech is neither to silence it nor to remain silent. Instead, the University should use its own voice to clearly and unequivocally condemn anti-Semitic speech that runs counter to the University’s values of ‘inclusivity,’ ‘dignity and respect,’ and that threatens to create a hostile environment for Jewish students on campus.”

Brandeis Center Hires Policy Director Emma Enig

The Brandeis Center announced the appointment of Emma Enig as the organization’s first-ever Director of Policy Education.

“As the Louis D. Brandeis Center expands to address the growing problem of anti-Semitism, we are pleased to strengthen our public policy and civil education capabilities with this key hire,” said Brandeis Center Chairman Kenneth L. Marcus. “Decisionmakers need to understand both the nature and scope of current anti-Semitism and also the legal and policy tools that are needed to address it. Emma Enig is a skilled professional who will help the Brandeis Center to ensure that those who need our educational resources are able to get them.”

“Emma…is extremely well versed in our issues and, therefore, uniquely qualified for this position,” declared President Alyza D. Lewin. “One of our greatest challenges in combatting anti-Semitism, is that most people don’t recognize anti-Semitism or understand how to utilize legal and policy tools to address it. We have, therefore, created this new role to expand our educational programming to address this crucial need. I’m excited to work with Emma as we develop and grow this important Brandeis Center initiative.”

Brandeis Center Intern Blog Details Latest IHRA Definition Adoptions

In her latest blog, Brandeis Center Intern Danielle Sobkin documents a slew of IHRA adoptions at the state, local and international levels – noting a major milestone passed – more than 1,100 adoptions – and further U.S. support for IHRA.