Tuesday, July 21, 2020

Fwd: News From Agudas Yisroel - 29 Tamuz 5780/July 21, 2020


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From: Agudath Israel of America <news@agudah.org>
Date: Tue, Jul 21, 2020, 4:12 PM
Subject: News From Agudas Yisroel - 29 Tamuz 5780/July 21, 2020
To: <agentemes4@gmail.com>


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July 21, 2020 - 29 Tamuz 5780
News from the Agudah:

  • Agudath Israel, along with other Orthodox Jewish organizations, filed a brief urging the Supreme Court to address religious accomodations in the workplace. See below for more details.

  • Agudath Israel applauds the US Department of Justice for authorizing the filing of a lawsuit against the village of Airmont  for actions that "unreasonably limits the practice of religion by the village's Orthodox Jewish Community." More information can be found below.

  • Yesterday, Mrs. Chani Juravel, LCSW, spoke by the Summer of Torah Women's Lecture about "Letting Go of What We Never Had to Hold On to." You can watch a recording of the speech by clicking here.

  • The Iyunim B'hilchos Shabbos series continued today with a shiur from Rabbi Shlomo Cynamon on melacha sh'ein tz'richa l'gufo, and there will be a chazarah shiur at 8:00 pm EDT. See below for the call in information and for tomorrow's schedule.
Jewish Organizations Urge Supreme Court to Address Religious Accommodation in the Workplace
A coalition of Orthodox Jewish groups urged the U.S. Supreme Court yesterday to hear two cases that deal with the issue of accommodation of religious observance in the workplace. The petition to the Court was written by noted constitutional scholar, Nathan Lewin, on behalf of the National Jewish Commission on Law and Public Affairs (COLPA), in Small v. Memphis Light, Gas and Water, and Dalberiste v. GLE Associates.

Federal law requires "reasonable accommodation" of "religious observance," unless such accommodation would cause the employer "undue hardship." The Supreme Court, however, in a decision handed down decades ago, has taken the position that an employer need only show more than a "de minimis" (too minor to merit consideration) burden to be exempted from having to provide the accommodation. This very weak standard established by the Court has for years remained a serious stumbling block for Sabbath-observers and other religiously-observant employees.

The amicus (friend of the court) brief argues that, in light of more recent Supreme Court decisions, the Court should reconsider and overturn its previous ruling. The Orthodox coalition called for a higher, more protective standard to fight discrimination directed toward those in the workplace who are bound by their sincerely-held religious beliefs, practices and observances.

Orthodox Jewish organizations that joined the brief include Agudath Israel of America, Agudas Harabbonim of the United States and Canada, the Coalition for Jewish Values, the National Council of Young Israel, the Orthodox Jewish Chamber of Commerce, the Rabbinical Alliance of America, the Rabbinical Council of America, Torah Umesorah, and the Union of Orthodox Jewish Congregations of America.

"For too many years, employees seeking accommodation of their religious observances have faced profound difficulties because of the Supreme Court's 'de minimis' standard, ultimately depriving them of the full protection the statute was intended to provide," said Rabbi Abba Cohen, Agudath Israel's Vice President for Government Affairs and Washington Director. "We urge the Court to hear the case and, at long last, right this wrong."
Agudath Israel Applauds the US DOJ for Action Against Village of Airmont
Representatives of Agudath Israel of America meeting with Attorney General Barr last year.
Yesterday the United States Department of Justice authorized the filing of a lawsuit against the Village of Airmont for actions that "unreasonably limits the practice of religion by the village's Orthodox Jewish Community."
 
In a letter to the Village, Acting US Attorney for the Southern District of New York Audrey Strauss writes, "we have determined that Airmont's zoning practices…impose a 'substantial burden' on the Orthodox Jewish community's religious exercise…discriminate against the Orthodox Jewish community 'on the basis of religion or religious denomination'…and 'unreasonably limits religious assemblies, institutions, or structures'."

The letter further explains that, while the U.S. Attorney's Office has been authorized to file suit against Airmont for violations of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), it will briefly delay filing the complaint if the Village is "willing to negotiate a resolution of the matter" through a consent decree. Ms. Strauss points out that legal action will be taken by mid-September, and perhaps sooner, if a "response outlining in substantive terms that the Village is willing to negotiate a resolution" is not received within two weeks of receipt of her letter.
 
Agudath Israel has long protested the use of zoning laws to discriminate against Orthodox Jews and its Washington Office played an active role in crafting and promoting passage of RLUIPA. The group raised the issue with Attorney General William Barr during its 2019 National Leadership Mission to Washington. At that time, the Attorney General assured the group that his Justice Department would do everything it could to ensure American citizens are not 'zoned out' of neighborhoods because of their faith.
 
Participants recalled that at the organization's annual dinner in 1992, William Barr, who was then serving his first stint as Attorney General during the George H.W. Bush administration, was honored with the Humanitarian Award. The reason for the honor, as then-Agudah President Rabbi Moshe Sherer noted in his remarks, was Attorney General Barr's decision to file a civil suit against Airmont for creating zoning laws with the intent to hamper the growth of the Orthodox Jewish community in the Village.
 
It is now almost 30 years later, and the Village is again attempting to keep Orthodox Jews out. Now, as then, Agudath Israel is grateful that the Justice Department is prepared to take all steps necessary to fight religious discrimination and ensure religious liberty.
Iyunim B'Hilchos Shabbos
Tomorrow, July 22, there will be a hachanah shiur at 11:00 am EDT, a shiur from Rabbi Zev Smith at 12:00 pm EDT on technology on Shabbos, and a chazarah shiur at 8:00 pm EDT.

The Zoom access link is https://us02web.zoom.us/j/83528677424 and the call in number is 1-646-558-8656, access code: 835-286-77424.
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