Resources

Whether you think you may be experiencing religious discrimination in your workplace or you’re looking for materials to help equip yourself and your employees, we can help. If you don’t find what you’re looking for below, please contact us.

Established by the Civil Rights Act of 1964, the Equal Employment Opportunity Commission (EEOC) is a federal government agency tasked with enforcing national anti-discrimination laws. These laws prohibit discrimination against an employee – or job applicant – due to their race, color, religion, sex (including pregnancy, childbirth or related conditions, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information (including family medical history). The EEOC investigates complaints (also known as “charges”) filed with them against employers and, if they believe discrimination has occurred, may file a lawsuit on behalf of the affected employees, or, the EEOC may provide you with a “right to sue” letter upon completion of its investigation, allowing you to file your own lawsuit.

The EEOC says religious harassment in the workplace may occur “when an employee is subjected to unwelcome remarks or conduct based on their religion or when an employee is required or coerced to abandon, alter, or adopt a religious practice as a condition of employment.”

Harassment is unwelcome conduct based on a protected characteristic – including religion – and “becomes unlawful where (1) enduring the offensive conduct becomes a condition of continued employment, or (2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.” For more, visit our resources page.

According to the Oxford Dictionary, Zionism is“a movement for (originally) the re-establishment and (now) the development and protection of a Jewish nation in what is now Israel. It was established as a political organization in 1897 under Theodor Herzl, and was later led by Chaim Weizmann.”

The Anti-Defamation League (ADL) defines Zionism as “the movement for the self-determination and statehood for the Jewish people in their ancestral homeland, the land of Israel. The vast majority of Jews around the world feel a connection or kinship with Israel, whether or not they explicitly identify as Zionists, and regardless of their opinions on the policies of the Israeli government.”

The ADL makes the important distinction that “Zionism does not preclude support for Palestinian self-determination and statehood. For some Zionists, support for a two-state solution is the realization of self-determination for Jews and Palestinians alike. There are also millions of non-Jews who consider themselves Zionists and supporters of the Jewish state, who are motivated by factors including religion, history, security or politics.”

The International Holocaust Remembrance Alliance (IHRA) provides a non-legally binding working definition of antisemitism which states, “Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.”

IHRA provides 11 helpful examples to serve as illustrations of what antisemitism looks like. These examples can be downloaded and also found via the IHRA website.

The Society of Human Resource Management (SHRM) has written an extensive set of examples of the forms antisemitism can take in a workplace.

BDS refers to the “Boycott, Divestment, and Sanctions” movement.

According to the ADL, “The Boycott, Divestment and Sanctions movement (BDS) is an international campaign aimed at delegitimizing and pressuring Israel, through the diplomatic, financial, professional, academic and cultural isolation of Israel, Israeli individuals, Israeli institutions, and, increasingly, Jews who support Israel’s right to exist.”

If you believe you have been discriminated against in the workplace – based on your religious beliefs or any other protected characteristic – you should contact the EEOC immediately as workplace discrimination laws have short time limits for filing a complaint.

If your employer has not accommodated your requests for time off for religious observations, discouraged or forbid religious dress or grooming, or has segregated you due to your religious beliefs, you may have experienced antisemitism. Examples of antisemitism at work could look like being denied a request to take time off to observe Passover, being told you cannot wear a kippah in the workplace, or not being assigned to certain accounts or in customer-facing roles because of your religious beliefs.

In addition to resources created by the EEOC, The U.S. Department of Labor provides a “know your rights” resource for union members and all workers regarding the right to be free from discrimination based on religion, national origin, or race in the workplace.

The EEOC provides specific guidance on antisemitism in the workplace on their website.

Typically, discussions about discrimination in the workplace involve just an employer and employee, but unions have played a role in both preventing and fostering discrimination. Because unions are subject to TItle VII, it may be helpful to understand how a union may be party to religious discrimination in the workplace. Several court cases document religious discrimination within and involving unions, the most recent high-profile case being Groff v DeJoy. In addition, several religions prohibit union membership.

Antisemitic actions taken by a union can look like:

Denying an employee’s request for a religious accommodation to abstain from paying fees to a union engaged in speech or behavior that creates hostility toward religious individuals.
Passing union resolutions calling for economic sanctions against Israel.
Passing union resolutions that align the organization with anti-Israel groups and beliefs related to international conflict.
Fostering a hostile work environment by allowing individuals to call Jewish employees derogatory names or make comments about physical appearance in a public forum such as a group chat or bulletin board.
Demands for an end of the Jewish State and denying the Jewish People’s right to self-determination.

Rights for Religious Objectors in the Workplace

When it comes to paying fees to unions, some workers may see a union’s political activity as going against their religious beliefs. Two important U.S. Supreme Court cases have provided unions and employers with direction on how to accommodate those employees who hold religious objections to their union’s political activity.

For individuals working in the private sector

In 1988, the U.S. Supreme Court issued a decision in Communications Workers of America v. Beck concluded that fees collected by a union that were used for purposes other than activities collective bargaining were a violation of an objecting employee’s first amendment rights. As a result of this decision, an employee objecting to the union’s political activity can notify their decision to utilize their Beck rights and pay only the fees related to representation. The employee will no longer be considered a full-fledged member of the union, but they will receive all the benefits outlined in their collective bargaining agreement as they remain a member of the bargaining unit. The process to claim Beck rights varies; many unions require an annual form be completed by the employee wishing to claim their Beck rights. Here is an example of a union’s Beck notice.

For individuals working in the private sector

For individuals working in the public sector

Employees working in the public sector, e.g. for the federal government, a state government, a county, a city, or a school district, are able to cease paying any fees to a union as a condition of employment thanks to a 2018 U.S. Supreme Court decision in Janus v. AFSCME. Membership agreements such as membership cards may outline a process or period of time whereby an employee can claim their Janus rights and cease paying any fees to the union. The employee will remain a member of the bargaining unit and will receive all the benefits outlined in the collective bargaining unit. There are no agency fee structures for public employees in the wake of the Janus decision, only the ability to pay full union dues or become a non-member.

Incidents

Hamilton Lincoln Law Institute Files Brief On Behalf of Student Affected by UAW Local 4811’s Illegal Strike for Anti-Israel Encampments at the University of California

UAW Local 4811 initiated a strike across University of California campuses, protesting the administration’s response to pro-Palestinian campus encampments. The strike breached existing labor agreements and disrupted campus activities. The Hamilton Lincoln Law Institute represented individuals opposing the strike, citing concerns over campus safety and the union’s political motivations.

In September 2024, the United Electrical Workers, a labor union of 30,000 members condemned Israel’s attacks on Lebanon.

The United Electrical, Radio and Machine Workers of America (UE) and seven other major unions called for an arms embargo on Israel in an effort to stop their military defensive efforts in Gaza. Prior to this, many unions had also called for a cease-fire in Gaza. UE’s general president said, “I think other unions probably are largely in agreement with what we have just said, and I wouldn’t be surprised to see others come out and say something similar.” suggesting that anti-Israel sentiment among unions is gaining momentum.

Teachers unions have sided with Hamas, a State Department-recognized terrorist group, by calling for a “ceasefire” and accusing Israel of being an “occupier.”

The Chicago Teachers Union, the American Federation of Teachers-Oregon, the United Educators of San Francisco, and the San Antonio Alliance of Teachers and Support Personnel, passed ceasefire resolutions. The Minneapolis Federation of Teachers released a statement that includes, MFT mourns the loss of innocent life in Israel and “occupied Palestine.”

These positions prioritize antisemitic narratives within labor organizations that can alienate Jewish members of the labor union.

Antisemitism From Another Teachers Union…This Time In Massachusetts

Since Oct. 7, 2023, the Massachusetts Teachers Union has engaged in anti-Israel activities, including calling for a ceasefire less than one month after the Oct. 7 massacre. In December 2023, they approved plans to include “Israel and Occupied Palestine” in curricula.

And, The Times of Israel reported that the MTA participated in a training webinar titled, “The Struggle Against Anti-Palestinian Racism.”

These actions risk alienating Jewish educators who are union members and introduce divisive ideologies into educational spaces.

California Teachers Take Part in Unauthorized ‘Teach-In’ Claiming Israel Is an ‘Apartheid State’ and Committing ‘Genocide’

In December 2023, at least 70 public school teachers in Oakland California participated in an unauthorized “teach-in.,” The teach-in featured curriculum materials that “called Israel an “apartheid state,” accused the Jewish state of “genocide,” and taught children that “Intifada” is “Arabic for rising up for what is right,” reports the Washington Free Beacon.

Participants in the teach-in received a list of materials that accused Israel of punishing Palestinians with arrests and assassinations and called Gaza the “largest open-air prison on earth.”

This type of material, especially from public school teachers, does not serve students. But rather, foments discord and divisiveness in the aftermath of the Oct. 7 massacre of Jews that happened in Israel’s Kibbutz Be’eri.

The Professional Staff Congress (PSC), local 2334 of the American Federation of Teachers, Promotes Antisemitism and BDS Measures

Jeffrey Lax, a CUNY professor, has “ hostility from radical faculty members who are leveraging the union’s power over professors like me to advance their warped political agenda.” And his union PSC 2334 (an affiliated of AFT) is making matters worse. Lax reports that months after the U.S. declared the BDS movement to be antisemitic — his union passed a resolution encouraging support for BDS. Some PSC delegates posted on social media “Zionists out of CUNY.”

The union, which is supposed to represent all of its employees, did not create any provisions regarding antisemitism, despite having Jewish employees.

Four Jewish Teachers Resign from Los Angeles Teachers Union Over Antisemitism

Four Jewish teachers resigned from the Los Angeles teachers union, citing concerns over antisemitism within the organization. The teachers, who are still represented by the union, are suing to overturn a law that requires they be represented by the union, on the grounds that it violates their First Amendment rights to free speech, freedom of religion and freedom of association.

Labor Unions Are Abandoning Their Working Class Roots In Favor of Niche Social Issues

Jake Altman, a labor activist and author of Socialism before Sanders: The 1930s Moment from Romance to Revisionism, writes about how many labor unions have abandoned their original purpose of representing workers and focusing on “questions of worker pay, leave, job training, and medical and pension benefits.”