Rising Antisemitism and its Impact
Antisemitism is at an all-time high. In Toronto alone, there were 147 hate crimes targeting Jews in 2023, a number which accounts for 43% of all reported hate crimes. Toronto’s Jewish community makes up about 3.4% of the population, yet this community faces the highest amount of hate crimes per capita. Sadly, these statistics also accurately reflect the situation in Ontario and across Canada. While Canada has made a lot of progress in combating all forms of hate, the rise of antisemitic hate makes Jewish people feel unsafe, including, and perhaps especially so, in the workplace.
As employment lawyers, we are particularly concerned with the rights of employees to have a workplace that is respectful, inclusive and free of harassment and discrimination. Similarly, we are concerned about employers’ obligations to provide and maintain safe workplaces, as failing to do so exposes employers to significant reputational costs and legal liability.
What Antisemitism Looks Like
Ignorance drives the tolerance of antisemitism. Most workplaces have anti-hate policies, and rightly provide their employees with inclusivity training that tackles issues such as racism and homophobia. Unfortunately, antisemitism is routinely excluded from these initiatives, leaving people with a dearth of knowledge on what common forms of antisemitism look like. Consequently, when people think of antisemitism, they often think of the Holocaust. When that is the standard to meet, it is no surprise that people often do not know what forms day-to-day antisemitism takes. As such, acts of antisemitism in and outside of work often go unrecognized and unchallenged.
The idea that Jewish people are powerful oppressors is a key animator of everyday antisemitism – think of conspiracies about controlling global media, finance, and politics. This ancient trope has proliferated to the point where people think of antisemitism as “punching up,” making antisemitic acts go unpunished.
The oppressor trope also commonly manifests itself as anti-Zionism. Zionism is the belief that Jewish people have the right to self-determination in their indigenous land of Israel. Anti-Zionism is the belief that Jews and Israelis do not have the right to live in Israel. While commonly couched in progressive language, it is at its core a call for ethnic cleansing, if not genocide. Anti-Zionism is a rising and commonly reported form of antisemitism at work: Jewish employees are attacked and held individually responsible for the state of Israel’s supposed wrongs.
The situation becomes more concerning when we consider that about 67% of people aged 18-24 consider Jewish people to be societal oppressors. As these young people come into the workforce, it is even more imperative to address antisemitism in the workplace.
What Employees Can Do
In Ontario, under the Human Rights Code and the Occupational Health and Safety Act, employees have the right to a safe workplace free of harassment and discrimination. Antisemitic conduct, discrimination, and harassment are unacceptable and unlawful. Employees who experience antisemitism have several options,; you do not have to tolerate a toxic workplace or antisemitism in general.
Generally, we recommend documenting any instances of antisemitism, so you have a written record of any incidents. It is usually advisable to raise your complaints with your employer. Employers have a duty to properly investigate complaints and take appropriate measures to address them following the results of an investigation. If a complaint does not resolve the issue, or you have concerns regarding bias or bad faith, consider getting legal advice. A lawyer can assist you with options ranging from writing a letter requesting certain remedies, all the way to commencing a lawsuit for damages. In cases where the harassment is so severe and it is unrealistic for you to continue working in such an environment, you might have a claim against your employer for constructive dismissal. You could also have a claim against your harassers for mental distress. We recommend discussing your concerns with an employment lawyer to receive the best advice on how to proceed.
If you want legal advice, know that we take your concerns about antisemitism seriously. We will be able to assess your case and discuss how we could be of assistance.
What Employers Can Do
As outlined above, employers have a duty to provide a safe work environment free of harassment and discrimination. Failure to do so exposes employers to liability. Similarly, in the event an employee complains of antisemitism, these concerns must be taken seriously and investigated appropriately. Ideally, this means the investigation should
- be impartial,
- be thorough,
- be transparent,
- disclose the results to the employee, as well as
- outline what steps the employer will take to resolve the problem.
We recommend being proactive. There should be comprehensive workplace policies against all forms of hate, harassment, and discrimination, including antisemitism. If your policies do not mention antisemitism, it is time to update them. The definition of antisemitism should also be robust; we recommend adopting the International Holocaust Remembrance Alliance’s definition of antisemitism, which includes anti-Zionism. We also recommend providing training and education sessions on antisemitism. For example, employers host training or educational events, such as lunch and learns or webinars, during Black History Month or Pride. Approaching antisemitism in the same way will help create a more inclusive environment for Jewish employees, and will raise awareness about what antisemitism looks like, in turn helping reduce its normalization.
We would be happy to review and update your policies and practices so that they comprehensively address antisemitism and your legal obligations as an employer.
Whether you are an employee or an employer, we are here to help. If you have any questions about your situation, or would like to get legal advice, please feel free to contact us.
