Brandeis Center Issues New Fact Sheet on Religious Accommodations in the Corporate Workplace

To coincide with the Thanksgiving holiday – and its emphasis on practicing one’s faith freely – the Brandeis Center has issued an important new fact sheet – explaining corporate employees’ legal rights not to be discriminated against because of their religion.

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The Pilgrims’ escape from religious persecution in England established deep roots in America’s tradition of religious inclusion. In recent years, federal courts and regulators have placed a renewed emphasis on these protections. Brandeis Center attorneys track this guidance process, and our fact sheet reflects these recent developments.

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During the Supreme Court’s past few terms, several justices have expressed views that courts should require more from employers who claim employees’ religious practices are impeding business. And the Equal Employment Opportunity Commission’s revised workplace religious guidance, updated in 2021, grew more explicit in the requirements employers needed to demonstrate.

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“While the Brandeis Center continues to place its greatest emphasis on higher education, we are seeing more issues that need to be addressed in the corporate world. This new fact sheet is part of a greater effort to protect Jewish Americans from bias both on and off college campuses,” stated Brandeis Center Founder and Chairman Kenneth L. Marcus. “Anti-Israel ratings in investor tools are a sign that campus anti-Semitism has ‘grown up and reported for work’ in corporate America.”

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“The Brandeis Center continues to protect Jewish civil rights wherever they are endangered,” declared Brandeis Center President Alyza D. Lewin. “That includes preventing discriminatory anti-Israel boycotts – such as we achieved against Ben & Jerry’s by negotiating a settlement with Unilever. It also means ensuring Diversity Equity and Inclusion programs in businesses and on campuses include and address anti-Semitism.”

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Under Title VII of the Civil Rights Act of 1964, employers are required to make such accommodations unless they impose an “undue hardship” on the conduct of the employer’s business. As the fact sheet emphasizes, not all “hardship” is undue, and both courts and the U.S. Equal Employment Opportunity Commission have been providing increased protections for employees.

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As the Brandeis Center’s fact sheet sets forth, employees are protected from discrimination based on their religious practice as well as their religious identity. This means employers must take measures to accommodate their religious employees and ensure their work obligations don’t conflict with their religious obligations. This protection applies to employees from the moment that they apply for a job and continues throughout their employment.

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Anti-Semitic discrimination in the workplace is regrettably common: while Jews make up less than 2% of the U.S. population, they typically file 8-10% of religious discrimination claims with the EEOC. “Over half of Jews reported being treated differently or unfairly in the workplace because of their religious identity or beliefs,” observed Brandeis Center Senior Counsel L. Rachel Lerman, referencing a Rice University report. “The need for awareness on this country’s strong protections on religious freedom in the workplace could not be greater.”

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The Brandeis Center’s fact sheet identifies common accommodations that employers must make for Jewish employees, including:

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  • Accommodations around the Sabbath and holidays, like not requiring employees to work or scheduling essential work events during times that employees’ faith obliges them to refrain from working; and

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  • Permitting employees to wear religious clothing, such as allowing observant Jewish men to wear beards or skullcaps, head coverings many Jews wear for religious reasons, or allowing observant Jewish women to wear long sleeves or dresses.

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To meet their obligations, employers should train employees on how to process requests for accommodations; treat all employees’ requests fairly regardless of what faith tradition they follow; and work to include employees of faith, for instance by establishing Employee Resource Groups for them. Employers should also specifically stand up for their Jewish employees by joining this year’s Shine a Light campaign, as explained by Chairman Marcus in his recent op-ed: ‘BigLaw’s Jewish Problem.’

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For further details, check our fact sheet or contact a Brandeis Center lawyer.

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