There are many projections for Jewish workers, including those who identify as a Zionist.
I. Federal Protections
1. Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.)
Overview: Title VII prohibits employment discrimination based on race, color, religion, sex, and national origin. It applies to employers with 15 or more employees, including federal, state, and local governments.
How It Protects Jewish Employees:
Religion-Based Protection: Judaism is considered both a religion and, in some cases, an ethnic or ancestral origin. Title VII protects Jewish employees from:
Disparate treatment (e.g., being passed over for promotion because of religious identity).
Disparate impact (e.g., policies that unintentionally burden religious practice).
Harassment (e.g., antisemitic slurs, jokes, or symbols).
Failure to accommodate religious practices.
Religious Accommodation Requirements:
Employers must provide reasonable accommodations for religious observances and practices unless doing so would cause an undue hardship (more than a de minimis cost or burden) to the operation of the business.
Examples include:
Allowing time off for Sabbath or Jewish holidays.
Permitting the wearing of religious garments, such as a yarmulke or Star of David necklace.
Respecting dietary restrictions, such as kosher food needs at work events.
Recent Interpretation:
2. Hostile Work Environment Claims
Jewish employees are protected from pervasive or severe harassment based on religion or perceived Jewish identity.
Examples:
Repeated jokes about Jewish stereotypes.
Display of Nazi symbols.
Comments equating Judaism with negative political tropes.
Employers must take prompt and appropriate action to investigate and stop such harassment once they are aware of it.
3. Retaliation Prohibition
Title VII also prohibits retaliation against employees who:
File or assist with a discrimination complaint.
Request religious accommodations.
Oppose discriminatory practices.
Retaliation can include demotion, discipline, exclusion, or termination.
II. State and Local Protections
1. Illinois Human Rights Act (775 ILCS 5/)
Coverage:
Applies to employers with 1 or more employees, broader than federal law.
Prohibits discrimination in employment based on religion, ancestry, and national origin—each of which can apply to antisemitic acts.
Protections Include:
Freedom from discrimination and harassment.
Right to religious accommodation.
Right to file complaints with the Illinois Department of Human Rights (IDHR).
Accommodation Standard:
Similar to Title VII but interpreted to offer broader protection, particularly in smaller workplaces.
2. Chicago Human Rights Ordinance
Prohibits discrimination based on religion and ancestry.
Provides a private right of action and allows filing with the Chicago Commission on Human Relations.
III. EEOC Guidance Specific to Antisemitism
The Equal Employment Opportunity Commission (EEOC) has explicitly recognized antisemitism as a form of prohibited religious and ethnic discrimination.
Key guidance includes:
Antisemitism need not be religious to be actionable—hostility based on ethnicity or heritage also violates the law.
Discrimination against Jewish employees because of perceptions of Israeli political views may also be unlawful if motivated by ethnic/religious animus.
Employers may not demand that an employee renounce their religious or ethnic identity to avoid workplace conflict.
IV. Common Scenarios and Legal Outcomes
Scenario
Potential Legal Violation
Employer refuses to allow Jewish employee time off for Yom Kippur
Failure to reasonably accommodate religious practice
Coworkers repeatedly make Holocaust jokes and employer does nothing
Hostile work environment, religious harassment
Employee is fired after complaining about antisemitic graffiti
Unlawful retaliation
Dress code prohibits yarmulkes
Religious discrimination unless justified by undue hardship
Office potluck excludes kosher food when employer regularly provides meals
Potential failure to accommodate religious dietary needs
V. Remedies Available
Jewish employees who face discrimination may be entitled to:
