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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.
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Northwestern University Touts Progress on Addressing Campus Antisemitism Amid Federal Scrutiny
Signs cover the fence at a pro-Palestinian encampment at Northwestern University in Evanston, Ill. on April 28, 2024. Photo: Max Herman via Reuters Connect.
Northwestern University on Monday touted its progress in addressing the campus antisemitism crisis, issuing a statement containing a checklist of policies it has enacted since being censured by federal lawmakers over its handling of pro-Hamas demonstrations which convulsed its campus during the 2023-2024 academic year.
“The university administration took this criticism to heart and spent much of last summer revising our rules and policies to make our university safe for all of our students, regardless of their religion, race, national origin, sexual orientation, or political viewpoint,” the statement said. “Among the updated policies is our Demonstration Policy, which includes new requirements and guidance on how, when, and where members of the community may protest or otherwise engage in expressive activity.”
The university added that it has adopted the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism, a reference tool which aids officials in determining what constitutes antisemitism, and begun holding “mandatory antisemitism training” sessions which “all students, faculty, and staff” must attend.
“This included a live training for all new students in September and a 17-minute training module for all enrolled students, produced in collaboration with the Jewish United Fund,” it continued. “Antisemitism trainings will continue as a permanent part of our broader training in civil rights and Title IX.”
Other initiatives rolled out by the university include an Advisory Council to the President on Jewish Life, dinners for Jewish students hosted by administrative officials, and educational events which raise awareness of rising antisemitism in the US and across the world. Additionally, Northwestern said that it imposed disciplinary sanctions against several students and one staff member whose conduct violated the new “Demonstration and/or Display Policies” which regulate peaceful assembly on the campus.
“In closing, although Northwestern has made significant progress in the fight against antisemitism on campus, the university remains vigilant and will continue to do what is necessary to make our campus safe,” the statement concluded. “Importantly, the fight against antisemitism is NOT [sic] a zero-sum game. All members of our communities on campus — all religions, races, national origins, genders, sexual orientations, and political viewpoints — deserve to feel safe and know that our rules will be enforced to protect them against hate, discrimination, harassment, and intimidation. Northwestern is committed to this principle.”
As previously reported by The Algemeiner, Northwestern University struggled for months to correct an impression that it coddled pro-Hamas protesters and acceded to their demands for a boycott of Israel in exchange for an end to their May 2024 encampment.
University president Schill denied during a US congressional hearing held that year that he had capitulated to any demand that fostered a hostile environment, but his critics noted that part of the deal to end the encampment stipulated his establishing a scholarship for Palestinian undergraduates, contacting potential employers of students who caused recent campus disruptions to insist on their being hired, creating a segregated dormitory hall that will be occupied exclusively by students of Middle Eastern and North African (MENA) and Muslim descent, and forming a new advisory committee in which anti-Zionists students and faculty may wield an outsized voice.
The status of those concessions, which a law firm representing the civil rights advocacy group StandWithUs described as “outrageous” in July 2024, were not disclosed in Monday’s statement.
Northwestern University is not the only school creating distance between itself and the anti-Zionist movement, a step many colleges have taken in response to US President Donald Trump’s vowing to cut the flow of taxpayer funds supplementing their budgets should they refuse to crackdown down on illegal protests and antisemitism. Following the Trump administration’s cancelling of over $400 million in federals contracts and grants awarded to Columbia University, former interim president Katrina Armstrong proposed a list of reforms the school would agree to undertake — in areas ranging from undergraduate admissions to campus security — to restore the funds.
Armstrong later resigned from her position, saying in a statement which explained the decision that she wishes to return to her role as executive director of the university’s Irving Medical Center, as well as several other positions she holds.
Meanwhile, Harvard University recently fired a librarian whom someone filmed ripping posters of the Bibas children, two babies murdered in captivity by Hamas, off a kiosk in Harvard Yard and denounced him as “hateful.” Additionally, it paused a partnership with a higher education institution located in the West Bank, a move for which prominent members of the Harvard community and federal lawmakers had clamored in a series of public statements. The Trump administration initiated a review of $9 billion in taxpayer funds it receives anyway, prompting interim president Alan Garber to defend Harvard’s handling of the issue.
“For the past fifteen months, we have devoted considerable effort to addressing antisemitism,” Garber said. “We have strengthened our rules and our approach to disciplining those who violate them. We have enhanced training and education on antisemitism across our campus and introduced measures to support our Jewish community and ensure student safety and security.”
Northwestern University is in the Trump administration’s crosshairs too. It is one of 60 universities being investigated by the Department of Education’s Office for Civil Rights over its handling of campus antisemitism, a project that will serve as an early test of the administration’s ability to perform the essential functions of the agency after downsizing its workforce to increase its efficiency.
“The department is deeply disappointed that Jewish students studying on elite US campuses continue to fear for their safety amid the relentless antisemitic eruptions that have severely disrupted campus life for more than a year,” Education Secretary Linda McMahon said in March. “US colleges and universities benefit from enormous public investments funded by US taxpayers. That support is a privilege, and it is contingent on scrupulous adherence to federal antidiscrimination laws.”
Follow Dion J. Pierre @DionJPierre.
The post Northwestern University Touts Progress on Addressing Campus Antisemitism Amid Federal Scrutiny first appeared on Algemeiner.com.
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Pressure Mounts on UN Members to Block Reappointment of Controversial Anti-Israel Official
Francesca Albanese, UN special rapporteur on human rights in the Palestinian territories, attends a side event during the Human Rights Council at the United Nations in Geneva, Switzerland, March 26, 2024. Photo: REUTERS/Denis Balibouse
The United Nations is facing growing pressure to block the reappointment of Special Rapporteur Francesca Albanese, who has an extensive history of using her role to denigrate Israel and seemingly rationalize the terrorist group Hamas’s attacks against the Jewish state.
The UN Human Rights Council (UNHRC) is set to reappoint Albanese for another three-year term on Friday, despite calls from several countries and NGOs urging UN members to oppose her reappointment due to her controversial remarks and alleged pro-Hamas stance.
Since taking on the role of UN special rapporteur on human rights in the Palestinian territories in 2022, Albanese has been at the center of controversy due to what critics, including US and European lawmakers, have described as antisemitic and anti-Israel public remarks.
In the months following the Hamas-led Oct. 7, 2023, atrocities, across southern Israel, Albanese accused Israel of perpetrating a “genocide” against the Palestinian people in revenge for the attacks and circulated a widely derided and heavily disputed report alleging that 186,000 people have been killed in Gaza as a result of Israeli actions.
She has also previously made comments about a “Jewish lobby” controlling America and Europe, compared Israel to Nazi Germany, and stated that Hamas’s violence against Israelis — including rape, murder, and kidnapping — needs to be “put in context.”
Last year, the United Nations launched a probe into Albanese for allegedly accepting a trip to Australia funded by pro-Hamas organizations.
In the past, she has also celebrated the anti-Israel protesters rampaging across US college campuses, saying they represent a “revolution” and that they give her “hope.”
On Monday, US Rep. Brian Mast, chair of the House Foreign Affairs Committee, sent a letter to the president of the UNHRC, Ambassador Jürg Lauber, to express his strong opposition to Albanese’s reappointment.
In the letter, Mast claimed that Albanese has failed to act “in an independent capacity with a professional, impartial assessment, and maintain the highest standards of efficiency, competence, and integrity.”
“Ms. Albanese unapologetically uses her position as a UN special rapporteur to purvey and attempt to legitimize antisemitic tropes, while serving as a Hamas apologist,” the letter read.
“In her malicious fixation, she has even called for Israel to be removed from the United Nations while likening Israel to apartheid South Africa,” Mast wrote in a letter signed by six fellow lawmakers. “Regrettably, Ms. Albanese’s rhetoric has perverted the very institution and its foundational principles in which she was appointed to serve.”
Governments worldwide, including France, the UK, Germany, Canada, and the Netherlands, have condemned her statements as antisemitic and urged that she not be given another term in her role.
Last month, 42 members of the French Parliament publicly urged the government to oppose Albanese’s reappointment, arguing that it “would send a regrettable signal to victims, human rights defenders, and states committed to credible multilateralism.”
This week, British Labour Member of Parliament David Taylor also objected to Albanese’s reappointment, saying “there is no place for such alleged antisemitism on the international stage.”
“Albanese’s response to the largest antisemitic massacre of the 21st century was to describe it as ‘a response to Israel’s oppression,’” Taylor told the Jewish Chronicle. “She described Israel as being a ‘settler colonial conquest.’”
“Making statements of this nature in a UN capacity is abhorrent and does so much damage to communities already torn apart by horrific violence, going against everything the United Nations stands for,” Taylor said.
Human rights groups and NGOs have also campaigned to prevent the anti-Israel rapporteur from receiving a second term.
UN Watch, a Geneva-based NGO, has organized a petition against her reappointment, which has garnered over 83,000 signatures.
Last month, Maram Stern, executive vice president of the World Jewish Congress, sent a letter to the president of the UNHRC urging him to reject the renewal of Albanese’s mandate, citing what she described as the UN official’s history of anti-Israel animus and antisemitic statements.
“Ms. Albanese has repeatedly made public remarks that propagate harmful antisemitic tropes, question the legitimacy of the State of Israel, and employ rhetoric that undermines the credibility of the Human Rights Council itself,” the letter read. “Her persistent lack of objectivity and failure to uphold a balanced and impartial approach required of her as special rapporteur compromises her credibility as an independent expert.”
The American Jewish Committee (AJC) also urged UN Members to reject Albanese’s second term, saying she “has systematically demonstrated a troubling pattern of conduct and expression that is incompatible with the responsibilities, neutrality, and integrity expected of a UN special rapporteur.”
“Her actions not only betray the victims of terrorism and antisemitism but also are a stain on the credibility of the Human Rights Council itself,” the AJC wrote in a letter.
The post Pressure Mounts on UN Members to Block Reappointment of Controversial Anti-Israel Official first appeared on Algemeiner.com.
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Three Jewish Coaches Lead Teams in NCAA Men’s Basketball Tournament Final Four
Florida Gators head coach Todd Golden and Auburn Tigers head coach Bruce Pearl talk before the game as Auburn Tigers take on Florida Gators at Neville Arena in Auburn, Ala., on Saturday, Feb. 8, 2025. Photo: USA TODAY NETWORK via Reuters Connect
The men’s 2025 NCAA Tournament Final Four bracket includes four No. 1 seed teams, three of which have Jewish coaches who will lead the way in the two national semifinals taking place on Saturday.
Auburn University Tigers head coach Bruce Pearl has contributed Auburn’s success in the NCAA in part to God and his Jewish faith. He described Israel as the “ancestral homeland for the Jewish people” and called for the release of American-Israeli Edan Alexander from Hamas captivity at a post-game conference last month. He also took the Auburn team on a trip to Israel, where they made stops at the Western Wall and Yad Vashem – The World Holocaust Remembrance Center.
The Tigers will compete on Saturday in the NCAA Tournament Final Four against the Florida Gators whose Jewish coach, Todd Golden, is an Israeli citizen who previously played two years professionally for Maccabi Haifa in Israel.
In 2009, Golden was co-captain of the USA Open Team, coached by Pearl, that won gold at the Maccabiah Games, which is an international multi-sport event for Jewish and Israeli athletes. Golden has been the coach of the Tigers for two seasons, but prior to that he was the assistant coach at Columbia, the head coach at San Francisco, and even worked under Pearl. Golden was director of basketball operations for the Auburn staff for the 2014-15 season and was promoted to assistant coach for the 2015-16 campaign.
Duke and Houston also play each other on Saturday in the Final Four. The head coach of the Duke Blue Devils, Jon Scheyer, also formerly played in Israel and holds Israeli citizenship. He played professionally for Maccabi Tel Aviv from 2011-12. In October 2023, not long after the start of the Israel-Hamas war, Scheyer commented on the conflict and said in part: “My heart breaks for the people in Israel — that have hostages, American lives that are taken, mourning loved ones.” Scheyer is leading Duke to the Final Four in only his third year as head coach.
The Houston Cougars – the fourth men’s team competing in the Final Four – do not have a Jewish coach, but they have a player who was born in Israel and played for Israel’s national youth squad. Guard Emanuel Sharp, who is the son of Derrick Sharp, was part of Israel’s under-16 national basketball team and also played for Maccabi Tel Aviv for over a decade.
This year’s Final Four have a combined record of 135-16. Since seeding began in 1979, this is only the second time in history that all four No. 1 seeds advanced to the Final Four. It previously happened in 2008. Larry Brown was the last Jewish coach to win the NCAA Tournament when he led Kansas to the victory in 1988.
The 2025 NCAA Tournament Final Four begins on Saturday, with two national semifinals taking place at the Alamodome in San Antonio, and ends on Monday with the national championship.
The post Three Jewish Coaches Lead Teams in NCAA Men’s Basketball Tournament Final Four first appeared on Algemeiner.com.
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