An Upcoming Supreme Court Case Could Make It Easier for Americans to Keep Shabbat

Jan. 27 2023

The Supreme Court recently announced that it will hear the case of Groff v. DeJoy, regarding a postal worker who wishes to avoid Sunday shifts because of his observance of the Christian Sabbath. Michael A. Helfand explains:

Employers’ obligation to accommodate employees’ religious practice derives from Title VII of the 1964 Civil Rights Act. Because the original text of Title VII provided limited guidance in terms of what kind of protections it afforded employees from religious discrimination, Congress subsequently amended Title VII in order to make clear that employers [must] “reasonably accommodate” an employee’s “religious observance or practice” unless, and here is the kicker, providing an accommodation would present an “undue hardship.”

In the similar 1977 case of TWA v. Hardison, the court ruled that any additional cost to an employer would constitute such an undue hardship. Helfand hopes the current court will take the opportunity to reconsider this narrow interpretation:

Among the problems with [the] prevailing standard is that those left most exposed by the court’s stingy interpretation of Title VII have been religious minorities, whose practices often don’t track the prevailing rhythms of the workplace. According to one brief filed before the Supreme Court in 2020, nearly half of Title VII accommodation appeals are filed by religious minorities, even though those minorities only account for 15 percent of the population.

Unsurprisingly, American Jews have been at the forefront of attempts to enhance the protections afforded religious employees in the workplace, as diluting employers’ obligation to accommodate religious practices in the workplace continues to present a significant obstacle to Shabbat observance. Already back in 1977, a broad coalition of Jewish organizations filed amicus briefs before the Supreme Court supporting the plaintiff in Hardison. . . . In subsequent decades, a diverse range of Jewish organizations have supported the Workplace Religious Freedom Act, an ultimately unsuccessful attempt since 1999 to expand the religious-accommodation protections afforded employees in the workplace.

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Read more at Forward

More about: American law, Freedom of Religion, Sabbath, Supreme Court

An Emboldened Hizballah Is Trying to Remake the Status Quo

March 23 2023

Two weeks ago, a terrorist—most likely working for Hizballah—managed to cross into Israel from Lebanon and plant an explosive device near Megiddo that wounded a civilian. The attack, according to Matthew Levitt, is a sign of the Iran-backed militia’s increasing willingness to challenge the tacit understanding it has had with the IDF for over a decade. Such renewed aggression can also be found in the rhetoric of the group’s leaders:

In the lead-up to the 2006 war, [Hizballah’s] Secretary-General Hassan Nasrallah famously miscalculated how Israel would respond to the cross-border abduction of its soldiers. According to Israeli analysts, however, he now believes he can predict the enemy’s behavior more accurately, leading him to sharpen his rhetoric and approve a series of increasingly aggressive actions over the past three years.

Nasrallah’s willingness to risk conflict with Israel was partly driven by domestic economic and political pressures. . . . Yet he also seemed to believe that Israel was unlikely to respond in a serious way to his threats given Hizballah’s enlarged precision-missile arsenal and air-defense systems.

In addition to the bombing, this month has seen increased reports of cross-border harassment against Israelis, such as aiming laser beams at drivers and homes, setting off loud explosions on the Lebanese frontier, and pouring sewage toward Israeli towns. Hizballah has also disrupted Israeli efforts to reinforce the security barrier in several spots along the Blue Line, [which serves as the de-facto border between Lebanon and the Jewish state].

This creeping aggressiveness—coupled with Nasrallah’s sense of having deterred Israel and weakened its military posture—indicate that Hizballah will continue trying to move the goalposts.

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Read more at Washington Institute for Near East Policy

More about: Hizballah, Israeli Security