Jewish Employers, Employees and Students Guidelines

Jewish employees are entitled to a fair go as is everyone else. In New South Wales many types of discrimination are against the law. The laws dealing with discrimination help give everyone in New South Wales equal opportunities.

It is generally against the law to discriminate against or harass job applicants, employees, or those to whom one provides services or goods, on the basis of their (or any of their relatives’, friends’ or colleagues’) ethno-religious origin. This protects a Jewish person’s ethnic-religious background. Discrimination means treating someone unfairly because they belong to a particular group of people.

The same law also protects against discrimination in the areas of education (refusing to accept applications for admission as students, terms of admission, denying students or limiting their access to a benefit, expelling students or subjecting them to a detriment) and also applies to rights to accommodation and to participate in registered clubs.

Jewish employees from time to time experience discrimination because they are Jews or because they observe the practices of the Jewish religion.

Holy Days

Jewish employees have, from time to time, experienced discrimination when applying for leave.

A request for leave arises from a genuine and conscientious wish to observe a Jewish Holy Day – which applies to the weekly Sabbath and the festivals. There is, in Jewish Law, a prohibition on ‘work’ on such days. Jewish traditional interpretation of the word ‘work’ includes any kind of creative activity: writing, spending or handling money, operating equipment (even telephone), travelling (other than on foot), engaging in commercial transactions and many other activities which may not be assumed to be ‘work’ in ordinary parlance. Indeed, Judaism is unique in this “injunction” on work on Holy Days.

There is no provision in Jewish Law for ‘dispensation’ to be given by a rabbi from these restrictions and obligations; but every individual Jew is free to decide on his or her own level of observance.

If a request for time off is made by an individual Jew, it should be regarded as a genuine and conscientious wish to observe a Holy Day.

Jewish Holy Days

Jewish Holy Days always commence immediately before dusk and terminate at nightfall the following day – a 25-hour period. If there are two consecutive Holy Days, as indicated on the calendar, the laws continue over both days, terminating at nightfall on the second day.

Employers receiving applications for leave of absence are requested to note that Jews will want to reach home in good time to prepare for the Holy Day.

For Yom Kippur, a 25-hour fast, usually occurring in late September or October, it is imperative that time be allowed for a full meal to be taken at home immediately before the festival commences. The two days of Rosh Hashanah and the day of Yom Kippur hold a special significance for all Jews, regardless of their level of observance.

The Jewish Sabbath

Shabbat (Hebrew word for “Sabbath”) is the weekly day of rest, commencing at dusk on Friday and terminating on Saturday at nightfall.

Observant Jews will wish to reach home in time to welcome the Sabbath, and in the winter months this could entail leaving work, school or college on Friday afternoon.

Times of the commencement of Shabbat vary according to local sunset times and are published in the Jewish media.

What to expect from Jewish employees

Jews – whether as employees, students, pupils or teachers – do not expect “special treatment”. Being a team player and giving a fair go to one’s mates are as much a part of the Jewish ethos as they are a part of the Australian way of life.

Most Jews will take leave for their Holy Days as part of their annual leave entitlement or enter into swapping or other reciprocal arrangements and agreements, including offering to work on Sundays or national holidays.

Harassment Issues

An employer, a supervisor and workmates are not permitted to harass a Jewish employee at work. The employer must do his/her best to ensure that there is no harassment in the workplace. It does not matter if the Jewish employee is permanent, full-time, part-time or casual.

Where to get help

If discrimination or harassment occurs, the employee should courteously, respectfully but firmly complain and ask that it be stopped by the employer.

If the employer does not stop the harassment, or treats the employee unfairly for having complained, the NSW Anti-Discrimination Board can assist.

Help and Advice

NSW Anti-Discrimination Board

The NSW Anti-Discrimination Board administers the law in NSW, and its officers are skilled at helping resolve discrimination issues.

Confidentiality can be expected in the handling of discrimination complaints.

Most complaints are conciliated although some proceed to the Equal Opportunity Division of the Administrative Appeals Tribunal of NSW.

NSW Jewish Board of Deputies

The Board of Deputies is always available to help and advise in cases of difficulty.

It is actively engaged in working against racial discrimination, and has strong relations with the NSW Anti-Discrimination Board.

Other sources

Human Rights and Equal Opportunity Commission

The Stockholm International Forum – Combating Intolerance

Racial Discrimination Act 1975

Principal Festivals and Fasts 2019

Principal Festivals and Fasts 2020 – 2023