Border Guard Survives Dismissal Motion In His Religious Discrimination Suit

In Israel v. Napolitano, (ND NY, Aug. 24, 2010), a New York federal district court refused to grant summary judgment to the Department of Homeland Security in a religious discrimination suit brought against it by a Jewish Customs and Border Protection Guard. Plaintiff Brian Israel alleged that over the course of his employment he was subjected to repeated anti-Semitic harassment by co-workers and supervisors, including swastikas being placed on his work locker. In 2007, Israel was fired, purportedly for his conduct following three separate altercations with the public.The court concluded, however, that "there is sufficient evidence from which a reasonable fact finder could conclude that Israel's removal resulted from religious discrimination." [Thanks to Steven H. Sholk for the lead.]