Connect with us

RSS

Groff v. DeJoy is the rare Supreme Court decision that every Jew can celebrate

(JTA) — In one of its most anticipated cases of the year, the Supreme Court handed down its decision in Groff v. DeJoy last month, significantly expanding the federal protections afforded religious employees in the workplace. The decision itself was unanimous, reflecting a broad consensus that employers should be doing more than previously required when it comes to accommodating religious employees.

Jewish organizations from across the ideological spectrum — from Agudath Israel and the Orthodox Union to the Anti-Defamation League and the American Jewish Committee to the Religious Action Center of Reform Judaism — applauded the ruling as providing long-elusive workplace protections. This new ruling will no longer allow employers to avoid providing accommodations simply because it comes at some minimal cost. Employers will now have to prove such costs are substantial when considered in the broader context of their business.

When Gerald Groff took his job at the U.S. Postal Service, he was not required to work on Sundays. However, after the Postal Service subsequently entered an agreement to deliver packages for Amazon on Sundays, Groff was informed that he could no longer take off on his Sunday Sabbath, as was his custom, which ultimately led to his termination. 

The crux of the case revolved around two words in Title VII of the Civil Rights Act of 1964: “undue hardship.” According to the text of Title VII, employers are required to accommodate the religious practices of their employees, but only if providing such an accommodation does not present an “undue hardship” to their business. In this way, federal law balances the religious needs of the employee against the business necessities of the employer. And the words “undue hardship,” at least on their face, imply that the employers are expected to endure some hardship in order to accommodate religious employees, but that obligation ends once the hardship to the employer’s business becomes “undue.”

While the text of the law appears to impose modest, but important obligations on employers, the Supreme Court — back in a 1977 case, TWA v. Hardison — provided a contorted interpretation of Title VII that required far less of employers. Somewhat counterintuitively, the Court appeared to hold that providing a religious accommodation imposed an “undue hardship” on the employer any time it required the employer to “bear more than a de minimis cost” — that is, a trivial or minor cost. As a result, if an employer could demonstrate a religious accommodation entailed even a trivial cost, she was off the hook. The court’s decision in Hardison rejected an employee’s claim to have his Sabbath accommodated.

Hardison’s stingy standard, and its significant consequences for American Jews in the workplace, is precisely why so many Jewish organizations with varying political outlooks – including the Anti-Defamation League, American Jewish Committee, National Jewish Commission on Law and Public Affairs, National Council of Young Israel, Orthodox Union (full disclosure: I co-authored the Orthodox Union’s amicus brief), and the Zionist Organization of America — all filed amicus briefs before the Court in Groff. As these briefs emphasized, the lack of meaningful protections for religious employees had, over the years, repeatedly forced American Jews to choose between their faith and their livelihood, most notably when it came to observing the Sabbath and Jewish holidays. 

But in Groff, the Supreme Court overhauled the standard for employers: According to the decision, an employer must accommodate a religious employee unless doing so imposes “a burden [that] is substantial in the overall context of an employer’s business.” (Emphasis added.) 

So what does this all mean for the future of religious accommodation in the workplace? 

As the solicitor general noted during oral arguments, there are three broad categories where employees typically seek religious accommodations: scheduling changes such as those required to facilitate Sabbath observance; dress and grooming policies such as kippahs and hijabs in the workplace; and religious expression in the workplace, which might include an employee’s desire to display (or avoid) some sort of religious symbol or message. 

Under the new standard, employers who seek to reject such requests will have to demonstrate that granting these religious accommodations would impose substantial costs. Considerations like administrative costs and modest financial expenditures will be insufficient justification for denying such requests. This impact will likely be felt most directly when it comes to requests to accommodate Sabbath observances. The Court’s opinion indicates that employers will have to consider voluntary shift swaps and modest incentives — such as overtime payments — in order to accommodate a Sabbath-observing employee.

Importantly, this will vary significantly by occupation. For example, while a postal worker might reasonably request time off for the Sunday Sabbath, a coach in the NFL, where games are mostly played on Sundays, cannot.

Similarly, determining whether the financial burdens of accommodation are truly significant will also depend on context. Costs that might be significant for a local grocery store may not be significant for a corporate behemoth like Amazon. Those differences will matter when deciding how much an employer will have to expend when accommodating a particular religious practice. 

Finally, the court emphasized that accommodations that trigger deep dissatisfaction from employees — and thereby significantly affect the employer’s business — can qualify as a substantial cost and justify an employer’s decision to deny an accommodation. But the court was careful to constrain these sorts of considerations: An employer cannot claim that she can’t accommodate a religious employee because other employees have expressed dissatisfaction that is based upon their “animosity to a particular religion, to religion in general, or to the very notion of accommodating religious practice.” To countenance such bias or hostility would undermine the very purposes of the law — and, in the words of the court, put Title VII “at war with itself.”

To be sure, the significance of Groff is somewhat blunted given that many states have already adopted heightened standards for when religious employees must be accommodated. Before Groff, many employees could still leverage state law protections to secure accommodations. An amicus brief filed by 22 states noted that states with broader protections had not faced significant challenges in administering such legal regimes. 

Still, the court’s decision will likely provide long overdue protections to religious employees — fulfilling the long-overdue promise of Title VII. Most notably, the decision likely ensures that religious minorities — whose observances are often out of step with the rhythm of the modern workplace  — need not cast aside their religious commitments as the price of employment. 

This new standard is mindful of context and careful not to require substantial costs that might undermine a business. At the same time, the court’s decision is clear that employers cannot hide behind minor inconveniences to ignore the requests of their religious employees. 

In sum, the court’s decision in Groff — and unanimously so — asks employers and employees to find workable solutions to conflicts between business objectives and faith commitments. In that way, it may provide a useful blueprint for navigating a host of recurring social conflicts across the human condition.


The post Groff v. DeJoy is the rare Supreme Court decision that every Jew can celebrate appeared first on Jewish Telegraphic Agency.

Continue Reading

RSS

Iran Criticizes Arab-Islamic Summit Statement, Flags Objections After Doha Meeting

Sheikh Tamim bin Hamad Al Thani, Emir of Qatar, attends the emergency Arab-Islamic leaders’ summit in Doha, Qatar, Sept. 15, 2025. Photo: Hassan Bargash Al Menhali / UAE Presidential Court/Handout via REUTERS

Iran has criticized the final statement of the Arab-Islamic Summit held in Doha on Monday as insufficient, in the wake of last week’s Israeli attack targeting the Palestinian terrorist group Hamas in Qatar.

In a statement released shortly after the summit, Iran reaffirmed its “unwavering support for the Palestinian people and their right to self-determination,” while arguing that a two-state solution to the Israeli-Palestinian conflict cannot adequately address the Palestinian issue.

According to the Iranian delegation, “the only real and lasting solution is the establishment of a single democratic state across all of Palestine, through a referendum involving all Palestinians inside and outside the occupied territories.”

On Monday, Qatar held a summit of Arab and Islamic nations in the aftermath of last week’s Israeli strike on Hamas, with leaders gathering to express support and discuss regional responses.

The Sept. 9 strike targeting leaders of the Palestinian terrorist group in Doha marked a significant escalation of Israeli military operations, reflecting Jerusalem’s broader efforts to dismantle the terrorist group amid the ongoing war in Gaza.

Expressing solidarity with Qatar, summit leaders condemned Israel’s strike, labeling it “cowardly, illegal, and a threat to collective regional security.”

In the final statement, the heads of state declared that “an assault on a state acting as a neutral mediator in the Gaza crisis is not only a hostile act against Qatar but also a direct blow to international peace-building efforts.”

Alongside the United States and other regional powers, Qatar has served as a ceasefire mediator during the nearly two-year Gaza conflict, facilitating indirect negotiations between the Jewish state and Hamas.

However, Doha has also backed the Palestinian terrorist group for years, providing Hamas with money and diplomatic support while hosting and sheltering its top leadership.

During the summit, Arab and Muslim leaders called for a review of diplomatic and economic relations with Israel while firmly opposing any attempts to displace Palestinians.

In the final statement, the heads of state also emphasized resisting Israel’s efforts to “impose new realities on the ground,” urged enforcement of International Criminal Court (ICC) warrants for Israeli leaders over war crime allegations adamantly denied by Jerusalem, and coordinated actions to suspend Israel’s UN membership.

Although Iran participated in the summit and endorsed the declaration, its delegation issued a separate statement shortly afterward clarifying that doing so “must in no way be interpreted, explicitly or implicitly, as recognition of the Israeli regime,” reaffirming its rejection of the Jewish state’s right to exist.

Iranian leaders regularly declare their intention to destroy Israel, the world’s lone Jewish state.

The statement also stressed that the Palestinian people have the right to employ “all necessary means to achieve their inalienable right to self-determination,” emphasizing that backing this cause is “a shared duty of the international community.”

As the heads of Arab and Islamic states convened for a summit on Monday, Israeli Prime Minister Benjamin Netanyahu warned he did not rule out further strikes on Hamas leaders “wherever they are.”

During a diplomatic visit to Israel, US Secretary of State Marco Rubio expressed strong support for Israel’s position, even as Washington previously voiced concerns over the strike in Qatar, a US ally.

Speaking alongside Netanyahu, Rubio said the only way to end the war in Gaza would be for Hamas to free all hostages and surrender. While the US wants a diplomatic end to the war, “we have to be prepared for the possibility that’s not going to happen,” he said.

Continue Reading

RSS

“Your Name Was Included”: UC Berkeley Cooperating With Trump Administration, Admits to Disclosing Names

Students attend a protest encampment in support of Palestinians at University of California, Berkeley during the ongoing conflict between Israel and the Palestinian Islamist group Hamas, in Berkeley, US, April 23, 2024. Photo: Carlos Barria via Reuters Connect

The University of California, Berkeley (UC Berkeley) is cooperating with the Trump administration’s inquiry into campus antisemitism, providing materials containing the names of some 160 people identified in disciplinary reports and other official documents.

As first reported by The Daily Californian, UC Berkeley’s official campus newspaper, the university’s Office of Legal Affairs notified every person affected by the mass disclosure, writing to them on Sept. 4.

“Last spring, the [US Education Department’s Office for Civil Rights, or OCR]] initiated investigations regarding allegations of antisemitic harassment and discrimination at UC Berkeley. As part of its investigation, OCR required production of comprehensive documents, including files and reports related to alleged antisemitic incidents,” chief campus counsel David Robinson wrote. “This notice is to inform you that, as required by law and as per directions provided by the UC systemic Office of General Counsel, your name was included in report as part of the documents provided by OGC [Office of General Counsel] to OCR for its investigations on Aug. 18, 2025.”

He added, “These documents contained information about reports or responses related to antisemitic incidents.”

Anti-Israel activists told the Californian that the university is helping the Trump administration hunt witches.

“I think the message was sent to anybody has who has ever been accused of antisemitism, which of course, includes a lot of Palestinians,” one said, claiming that he has been falsely accused. “Whenever we teach about Palestine, it usually leads to an investigation. I think they flagged and sent all of that information to the federal government.”

Students for Justice in Palestine, infamous for its ties to jihadist terror organizations, also criticized the move, charging that the administration had promised to conceal their identities and thereby obstruct the government’s inquiry.

“Chancellor Rich Lyons should not have given assurances that he wouldn’t be giving our information to the federal government,” the group said. “Beyond that, he should never have bowed down so easily. I would think that a university that prides itself on being this liberal haven would at least stand up to a fascist like Donald Trump.”

UC Berkeley came under scrutiny in 2024 after a mob of hundreds of pro-Palestinian students and non-students shut down an event at its Zellerbach Hall featuring Israeli reservist Ran Bar-Yoshafat, forcing Jewish students to flee to a secret safe room as the protesters overwhelmed campus police.

Footage of the incident showed a frenzied mass of anti-Zionist agitators banging on the doors of Zellerbach. The mob then, according to witnesses, eventually stormed the building — breaking windows in the process, according to reports in The Daily Wire — and precipitated the decision to evacuate the area. During the infiltration of Zellerbach, one of the mob — assembled by Bears for Palestine, which had earlier proclaimed its intention to cancel the event — spit on a Jewish student and called him a “Jew,” pejoratively.

Other incidents, including the university’s employment of a lecturer who tweeted antisemitic images — one of which accused Israel of organ harvesting, a blood libel — the rewarding of academic benefits for participating in anti-Zionist activity, and the banning of Zionist speakers from Berkeley Law, have raised concerns about anti-Jewish hated on campus. In 2017, The Algemeiner ranked UC Berkeley as number five on “The 40 Worst Colleges for Jewish Students.”

In August, an Israeli professor sued the university, alleging that school officials denied her a job because she is Israeli — a claim its own investigators corroborated in an internal investigation, according to her attorneys at the Louis D. Brandeis Center for Human Rights Under Law.

Filed in the Alameda County Superior Court, the complaint is seeking justice for Dr. Yael Nativ, who taught in UC Berkeley’s Department of Theater, Dance, and Performance Studies as a visiting professor in 2022 and received an invitation to apply to do so again for the 2024-2025 academic year just weeks after the Oct. 7, 2023, Hamas-led massacre across southern Israel.

A hiring official allegedly believed, however, that an Israeli professor in the department would be unpalatable to students and faculty.

“My dept [sic] cannot host you for a class next fall,” the official allegedly told Nativ in a WhatsApp message. “Things are very hot here right now and many of our grad students are angry. I would be putting the dept and you in a terrible position if you taught here.”

Berkeley’s Office for the Prevention of Harassment and Discrimination (OPHD) later initiated an investigation of Nativ’s denial after the professor wrote an opinion essay which publicly accused the school of cowardice and violations of her civil rights. OPHD determined that a “preponderance of evidence” proved Nativ’s claim, but school officials went on to ignore the professor’s requests for an apology and other remedial measures, including sending her a renewed invitation to teach dance. After nearly two years, the situation remains unresolved.

Follow Dion J. Pierre @DionJPierre.

Continue Reading

RSS

Israel Issues Travel Warning Ahead of Jewish Holidays Amid Rising Attacks, Discrimination Targeting Israelis Abroad

A flag is flown during a protest in support of Palestinians in Gaza, amid the ongoing conflict between Israel and Hamas, outside the European Parliament, in Strasbourg, France, Nov. 27, 2024. Photo: REUTERS/Yves Herman

Israel has issued a travel warning ahead of the upcoming Jewish high holidays and the second anniversary of the Oct. 7, 2023, atrocities, alerting citizens of heightened terrorist threats against Israelis and Jewish communities abroad.

On Sunday, the National Security Council (NSC) urged travelers to stay alert, cautioning that the two-year anniversary of the Hamas-led invasion of and massacre across southern Israel could trigger attacks by Iran-backed or Hamas-linked terrorist groups targeting Jews and Israelis abroad.

“The recent period has been characterized by continued efforts to carry out terrorist attacks against Israeli and Jewish targets by the various terrorist organizations (most of them led by Iran and Hamas),” the NSC said in a statement.

“Oct. 7 may again serve as a significant date for terrorist organizations,” the statement read.

Israeli officials warned that the threat mainly stems from Iran and its terrorist proxies, which have increasingly targeted Jews and Israelis beyond Israel’s borders.

In recent months, the NSC reported that dozens of plots have been thwarted, even as violent incidents — including physical attacks, antisemitic threats, and online incitement — have continued to rise.

“With the war ongoing and the terror threat growing, we are witnessing an escalation in antisemitic violence and provocations by anti-Israel elements,” the NSC said in its statement.

“This trend may inspire extremists to carry out attacks against Israelis or Jews abroad,” it continued.

According to the NSC, Iran remains the leading source of terrorism against Israelis and Jews worldwide, acting both directly and through proxies such as Hamas and Hezbollah.

“Iranian motivation is growing in light of the severe blows it suffered in the framework of ‘Operation Rising Lion’ and the growing desire for revenge,” the NSC said in a statement, referring to the 12-day war with Israel in June.

Amid rising tensions over the war in Gaza, Israeli officials have previously warned of Iranian sleeper cells — covert operatives or terrorists embedded in rival countries who remain dormant until they receive orders to act and carry out attacks.

In light of this reality, the NSC also warned that social media posts revealing ties to Israeli security services could put individuals at risk of being targeted.

“We advise against posting any content that suggests involvement in the security services or operational activities, including real-time location updates,” the statement read.

This latest updated warning comes amid a growing hostile environment and a shocking surge in anti-Jewish hate crimes targeting Jews and Israelis worldwide.

Across Europe, Israelis are facing a disturbing surge of targeted attacks and hostility, as a wave of antisemitic incidents — from violent assaults and vandalism to protests and legal actions — spreads amid rising tensions following recent conflicts in the Middle East.

On Saturday, a 29-year-old Israeli and his sister were attacked by three Palestinian men while on vacation in Athens, Greece.

According to local media reports, the two siblings were walking through the city’s center when three unknown individuals carrying Palestinian flags approached them, shouting antisemitic slurs.

The attackers assaulted the Israeli man, a disabled Israel Defense Forces (IDF) veteran, scratching him, throwing him to the ground, and striking him with their flagpoles, while his sister attempted to intervene and protect him.

Greek authorities arrested all five individuals involved in the incident. According to the Israeli man’s father, his son was placed in a cell with 10 Arabs, where he was reportedly beaten again and feared for his life.

In a separate antisemitic incident earlier this year, a group of Israeli teenagers was physically assaulted by dozens of pro-Palestinian assailants — some reportedly armed with knives — on the Greek island of Rhodes.

After leaving a nightclub, the teens were followed to their hotel, where they were violently assaulted, leaving several with minor injuries.

In another example of rising anti-Israel sentiment and hostility toward Jewish communities, one of Britain’s most prestigious military academies, the Royal College of Defense Studies, announced Sunday that it will bar Israeli students from enrolling next year, citing concerns over the war in Gaza.

In Belgium, two IDF soldiers attending the Tomorrowland music festival were arrested and interrogated by local authorities following a complaint from the Hind Rajab Foundation (HRF), an anti-Israel legal group that pursues legal action against IDF personnel, accusing them of involvement in war crimes.

According to HRF, the soldiers were seen waving the flags of the IDF’s Givati Brigade, which they claimed has been “involved in the systematic destruction of civilian infrastructure in Gaza and in carrying out mass atrocities against the Palestinian population.”

In France, a 34-year-old Algerian man was sentenced to 40 months in prison for threatening passengers with a knife and making antisemitic death threats after boarding a train at Cannes station.

In another incident earlier this year, a Jewish man wearing a kippah was brutally attacked and called a “dirty Jew” in Anduze, a small town in southern France.

Continue Reading

Copyright © 2017 - 2023 Jewish Post & News