THE RISING TIDE OF ANTISEMITISM IN THE WORKPLACE: IS ANTISEMITISM ABOUT TO EXPONENTIALLY INCREASE?

This is a 1 hour Ethics CLE from 12:00pm to 1:00pm on 9/29/25 by zoom.

Free to members, and those not seeking CLE credit. Non-member cost is $54, which can be paid here: https://www.paypal.com/ncp/payment/VAWMQQ9WRH8V6

This course explores the rising tide of Antisemitism in the workplace: the substantial increases since October 7, the nature of the Antisemitism and the challenges the US Equal Opportunity  Commission have in enforcing the Rules against it. Additionally, the course will explore the new federal policy expanding the ability of the federal employee to proselytize in the workplace and its potential ramifications on Antisemitism.  

In a memorandum dated July 28, 2025, described as “ Protecting Religious Expression in the Federal Workplace” and addressed to Heads and Acting Heads of Departments and Agencies, the Director of the US Office Of Personnel Management outlines the “categories of employee conduct which should not result in a disciplinary or corrective action”. Included in the categories is the following : “Conversations Between Federal Employees: Employees may engage in conversations regarding religious topics with fellow employees, including attempting to persuade others of the correctness of their own religious views, provided that such efforts are not harassing in nature.  Employees may also encourage their coworkers to participate in religious expressions of faith, such as prayer, to the same extent that they would be permitted to encourage coworkers [to] participate in other personal activities.  The constitutional rights of supervisors to engage in such conversations should not be distinguished from non-supervisory employees by the nature of their supervisory roles”.  In the Appendix to the memorandum, an :”Example of Permissible Religious Expression in the Workplace” included that “an employee may engage another in polite discussion of why his faith is correct and why the non-adherent should re-think his religious beliefs”.

Have we gone from a system in which the workplace has been essentially secular to the brink of one in which the workplace is being transformed into a battlefield in a cultural war? Is this a trend? Will it be threatening to the Jewish community generally? Will it likely lead to a significant increase in claims of Antisemitism?  Will it encourage those with Anti-Semitic thoughts or tendencies to harass and/or discriminate against their Jewish colleagues?

And what about the impact on the Rule of Professional Conduct 8.4(g) concerns? What if federal lawyers, whether or not in a supervisory capacity, encourage “non-adherents” to “rethink” religious beliefs?  When does that cross the line and become a violation of Rule 8.4(g)?

SPEAKERS FOR CLE:

Jeffrey I. Pasek

Jeffrey is a past chair of Cozen O'Connor's Labor and Employment Department.  As an active litigator, he has tried cases and argued appeals in the federal courts throughout the United States, including before the United States Supreme Court. Among the types of claims he has successfully tried to verdict are cases alleging: race discrimination, religious discrimination,  national origin, retaliation, disability discrimination, FMLA discrimination , age discrimination, sex discrimination, whistleblower.  Jeff advises management of compliance with a variety of workplace laws ranging from occupational safety and health, wage and hour, and affirmative action compliance.

In addition to labor and employment law, Jeff has an extensive background in legal issues relating to the role of religion in public life.  He has authored and contributed to dozens of amicus briefs before the U.S. Supreme Court and the federal Courts of Appeals dealing with the Free Exercise and Establishment Clauses of the First Amendment and rights under the Religious Freedom Restoration Act.

On behalf of the ABA Labor and Employment Section Committee on Equal Opportunity Law, Jeff served as a regional liaison and helped train lawyers and investigators from the Equal Opportunity Commission and the U.S. Department of Labor.

Casey Callahan

Casey has been an investigator for the U.S. Equal Employment Opportunity Commission for several years. She is now the Enforcement Manager and Acting ADR Coordinator for the Philadelphia District Office of the Equal Opportunity Commission.