The Louis D. Brandeis Center for Human Rights Under Law has issued a legal warning to Microsoft, alleging that the company’s treatment of Jewish employees violates federal and state anti-discrimination laws. In a letter sent Wednesday to Microsoft CEO Satya Nadella and Chief Diversity Officer Lindsay-Rae McIntyre, the Brandeis Center stated that if the company continues to deny Jewish employees access to the same professional benefits granted to other identity-based employee groups, it will file a charge with the U.S. Equal Employment Opportunity Commission (EEOC) and seek to initiate a federal lawsuit.
At the heart of the dispute is Microsoft’s use of Employee Resource Groups (ERGs) — officially recognized employee collectives organized around shared identity characteristics such as race or ethnicity. These ERGs receive corporate sponsorship and funding, offering members enhanced access to mentorship, leadership opportunities, professional development, networking with senior executives, and charitable support for community organizations. According to the Brandeis Center, Microsoft currently supports nine such groups but excludes religion — and, specifically, Jewish identity — from the categories eligible to form ERGs.
Microsoft’s refusal to recognize a Jewish ERG, the Center claims, unlawfully denies Jewish employees the same career-enhancing benefits afforded to others and violates Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on religion, among other characteristics.
“Providing all employees equal access to professional benefits and opportunities — including Jewish employees — is not only right, it is required under federal and local law,” said Kenneth L. Marcus, founder and chair of the Brandeis Center and a former civil rights official in both the George H. W. Bush and Donald Trump administrations. “This discrimination must stop.”
Beyond the professional inequities, the Brandeis Center’s letter highlights a broader climate of exclusion and hostility toward Jews within the company. Jewish employees have reported anti-Semitic comments on Microsoft’s internal platforms following the October 7 Hamas attacks, including posts advocating violence against Jews and calling for the destruction of Israel. Employees have also raised concerns about internal pushback when addressing anti-Semitism and a pattern of marginalization in company programming.
The letter further alleges that Microsoft has repeatedly failed to acknowledge Jewish observances and holidays, scheduled major events on Jewish holy days, and denied Jewish employees equal opportunities to organize events or invite speakers addressing anti-Semitism. The company has also allegedly declined to provide training on countering anti-Semitism in the workplace.
“Instead of defining Jewish identity for its employees, Microsoft should listen to them and understand that being Jewish is both an ethnic and a religious identity,” said Rory Lancman, director of corporate initiatives and senior counsel at the Brandeis Center, who authored the letter. “Jewish employees at Microsoft deserve the same chance as other minority groups to organize, advocate for a safe workplace, and pursue professional success.”
The Brandeis Center is representing several Jewish Microsoft employees affiliated with the Louis D. Brandeis Coalition to Combat Anti-Semitism, a nonprofit group working to defend Jewish civil and human rights. The Coalition engages in advocacy, legal action, and public education to combat systemic anti-Semitism and promote justice. Interested individuals can contact Executive Director Emma Enig at [email protected].
