The Conversation About Jewish ERGs Just Got Real.

If you’ve ever asked me about religious ERGs, you’ve probably heard me say this:

Be Careful.

Because once you allow one, you allow them all. Under Title VII of the Civil Rights Act of 1964, religion is a federally protected class—just like race, sex, and national origin. So what happens when a company allows ERGs for race, gender, or orientation… but says “no” to religion?

That’s the question at the center of a new legal case, and it’s one that could change the ERG landscape forever.

The Case: Brandeis Center v. Microsoft (2025)

In May 2025, the Louis D. Brandeis Center—a legal advocacy group focused on civil rights—announced plans to sue Microsoft under Title VII for religious discrimination.

Why?

Because Microsoft currently operates several ERGs (race, LGBTQ+, disability, etc.) but does not allow religious-based ERGs. Specifically, a group of Jewish employees requested to form a Jewish ERG and were denied. Microsoft’s internal policy classifies religion as outside the scope of eligible identity groups for ERGs.

The Brandeis Center argues that this deprives Jewish employees of the same professional opportunities—mentorship, executive access, visibility—as other protected groups. They also note that Jewish identity is not just religious—it’s also ethnic and cultural - making this not just discrimination, but a form of antisemitism. By treating “Jewish” as only religious, they say Microsoft is denying access to a valid affinity group.

The center sent a formal letter of intent to sue in May of this year and indicated they’ll proceed with a federal case within weeks if Microsoft doesn’t change its position.

This Isn’t Just About Microsoft

For years, companies have gotten around this conversation by referencing cases like Moranski v. General Motors (2005). In that case, a GM employee wanted to start a Christian ERG. GM said no, citing their blanket policy against religion-based ERGs. The court sided with GM—because the policy was clear, consistent, and applied equally across all religions.

So the logic became:

“As long as we say ‘no’ to all religion-based ERGs, we’re safe.”

But now, in 2025? That blanket “no” might not be enough. Because Jewish identity isn’t just about religion. It’s a complex mix of ethnicity, tradition, and culture.

And here’s where it gets more complicated…

If You Allow One, You Might Have to Allow Them All

Let’s say your company approves a Jewish ERG under the cultural or ethnic identity lens (which some companies already do). That opens the door.

Because then, what happens when someone wants to start a Muslim ERG? A Christian ERG? A Pagan ERG? An Atheist ERG?

I’ve seen companies try to avoid this by only allowing “interfaith” ERGs. But even then, it’s been noted to me that you can’t just say you’re inclusive, but you have to show that each belief system is equally represented, respected, and safe from discrimination.

And trust me, no one wants to be the employer on the hook for creating a hostile work environment because one faith-based ERG creates tension with another.

Also… Most ERGs Already Do Religious Programming

This is another point people forget.

Even if your company doesn’t allow religious ERGs, your existing ERGs probably already host religious-themed events:

• Diwali (Hinduism)

• Ramadan (Islam)

• Lunar New Year (linked to Confucian and Buddhist traditions)

• Christmas (Christianity)

So the question becomes:

How can you allow events rooted in religion, but deny groups who want to gather around those same identities?

What I Recommend (for Now)

As always, I’ll say: I’m not a lawyer and this is not legal advice. But from what I’ve seen in the field, here’s what I do tell folks:

1. Get clear on your framework. If you have ERGs for some protected classes, be prepared to defend why others are excluded.

2. Don’t rely on old precedent alone. The world—and workplace law—is changing. Moranski was nearly 20 years ago. Today’s courts may look at “identity” with more nuance.

3. If you allow cultural ERGs tied to religion (like Jewish ERGs), be ready to extend the same for other groups. Not just legally—but ethically and structurally.

4. Train your ERG leads and DEI teams on how to hold space for religious diversity without proselytizing or creating division. It’s possible—but mainly if you’re prepared.

This case could mark a turning point. If Brandeis moves forward (and especially if they win) you’ll want to be ahead of the curve.

Stay tuned.

- Maceo

While We’re On the Legal Subject…