The Union of Orthodox Jewish Congregations of America, the nation’s largest Orthodox Jewish umbrella organization, called upon the U.S. Supreme Court to reverse a decision from a lower court requiring applicants for employment to disclose their religious observance during a hiring interview or anytime during the hiring process. The high court is scheduled to hear the case in question, EEOC v. Abercrombie & Fitch Stores, Inc. this term.
The Orthodox Union joined other leading Orthodox Jewish organizations in filing a “Friend of the Court” brief authored by noted attorney Nathan Lewin. The brief argues that compelling such disclosure during the hiring process permits a potential employer to discriminate against an applicant who would be entitled to a religious accommodation. Because such discrimination could occur during the hiring process, there would be no way for the applicant to prove that he/she was a victim of religious discrimination. In the brief, Mr. Lewin noted his own experience with religious discrimination. Lewin recounts that he was the only Harvard Law Review member of his law school class who did not receive an offer of employment from any of New York City’s leading law firms. Since his resume included Yeshiva College, Mr. Lewin was often asked if he observed the Sabbath during interviews.
Nathan Diament, executive director for public policy of the Orthodox Union stated:
“The ability to join the work force is foundational to anyone’s participation in society and contribution to the economic growth of the country, and an American’s religious observance must not be a barrier to entry. When Congress amended the Civil Rights Act to require employers to make reasonable accommodations for religious employees and potential employees, observant Jews across the country gained access to careers they otherwise would not have had. We urge the Supreme Court to overturn the decision of the lower court permitting employers to inquire about religious observance during the hiring process. Neither Sabbath observant Jews nor Americans of other faiths must be forced to choose between their career and their conscience.”
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7 Responses
I vehemently disagree. This is a capitalist society. Companies that want our talents won’t have a problem with this and will benefit as a result. Way too much entitlement leshonos here from our people.
Any Jewish man walking into an interview in NYC area..interviewer in one seconds knows..early out on Fridays during winter, 10 or more days off for Chagim. In Pigsknuckle Arkansas, ten minutes to explain your need to take off the time….
#1 well said
How about “Orthodox Union Urges SCOTUS to Overturn Decision” on Morality?
Why should a Non-Yid have any financial loss because of our Shabbos. The Non-Yid and his children are not even allowed to keep Shabbos. It will be Akum She’shovas.
Our job is to convince our bosses that our efficient work during the six days, will outweigh the loss of time on Shabbos.
#1 and #3: Obviously you similarly agree that a firm in this capitalist society can choose to not hire people of certain races or ethnicity.
Yidden should work for Yiddish companies like B and H, where tznius is not an issue neither is lehavdil the “holiday season” and I dont mean Succos, it is asur I would say to work untzinusdik women.
The case involved a Muslim wearing a head scarf, and part of the issue is whether she could make it look sufficiently fashionable, since the store requires all male and female staff to have a “correct look”, which is spelled out. The issue is whether she had to tell them the scarf was religious. The probable underlying issue which will not be litigated, is the store, like most Americans, don’t approve of Muslims. The case would be relevant for orthodox Jews who wear yarmulkes and wigs/tickhels, etc.
An employer is NOT required to accomodate religious practices if it costs anything or inconveniences them. If the job typically involves Saturday work, they aren’t going to hire the person and can lawfully fire them. If the job usually doesn’t involve Sunday work and one can trade days to work Sunday-Friday instead of the normal Monday-Saturday, that works and you need to ask at the interview (a seven day work week is also good for us since our willingness to work Saturday night and Sunday facilitates trading).