As previously reported, five Orthodox Jewish faculty members at New York's Kingsborough Community College are suing the school, the faculty union and various faculty members asserting religious hostile work environment and retaliation claims. Two of the faculty member defendants in turn filed cross claims against the school (which is part of City University of New York) alleging breach of contract and First Amendment violations. They alleged that the school was complicit with plaintiffs in attempting to retaliate against them for their expression of anti-Israel views. In Lax v. City University of New York, (Kings Cty. NY Sup. Ct., July 5, 2024), a New York state trial court dismissed the cross claims. The court said that cross claimants had not alleged any retaliatory animus or adverse action taken by the school. The court said in part:
CUNY, as a governmental entity, cannot be held liable for failing to prevent plaintiffs from allegedly violating Wetzel and Perea's right to free speech since CUNY was not charged with any affirmative duty to silence plaintiffs regarding their complaints of discrimination and anti-Semitism....
Having an anti-Israel political agenda is not a protected group under the NYSHRL or the NYCHRL....
... Wetzel and Perea have not alleged that CUNY instigated or encouraged plaintiffs to file their EEOC complaints or to otherwise accuse them of anti-Semitism.
--[CORRECTED]
[Thanks to Volokh Conspiracy for the lead.]
