ADL Reports Rise in Online Hate and Harassment

 On Tuesday, the Anti-Defamation League released its report titled Online Hate and Harassment: The American Experience 2023 (full text). The Executive Summary reads in part:

Over the past year, online hate and harassment rose sharply for adults and teens ages 13-17. Among adults, 52% reported being harassed online in their lifetime, the highest number we have seen in four years, up from 40% in 2022. Both adults and teens also reported being harassed within the past 12 months, up from 23% in 2022 to 33% in 2023 for adults and 36% to 51% for teens. Overall, reports of each type of hate and harassment increased by nearly every measure and within almost every demographic group.

Axios discusses the report.

Florida Enacts Ban on Religious and Ethnic Intimidation

NBC News reports that Florida Governor Ron DeSantis, while in Israel, signed CS/CS/HB269 a bill (full text) that amends Florida's Public Nuisances law to prohibit threats and intimidation of various sorts. Among the provisions added by the new law is the following:

A person may not willfully and maliciously harass or intimidate another person based on the person's wearing or displaying of any indicia relating to any religious or ethnic heritage.

The law provides for enhanced sanctions if a person "in the course of committing the violation makes a credible threat to the person who is the subject of the harassment or intimidation...."

Employees Fired For Religious Refusal Of COVID Vaccine Bring Title VII Suit

Four former employees of a continuing care retirement community filed suit in an Alabama federal district court last week claiming that they were wrongly fired for refusing the COVID vaccine on religious grounds.  The 105-page complaint (full text) in Hamil v. Acts Retirement-Life Communities, Inc., (SD AL, filed 9/15/2002), contends that plaintiffs were subjected to a hostile work environment, harassment, and wrongful termination based on their sincerely held religious beliefs. They were denied religious exemptions, or had previously granted religious exemptions rescinded. According to the complaint:

Such conduct was undertaken to preserve Defendants' exorbitant sums of monetary assistance in the form of government grants, coronavirus relief funds, and Medicare and Medicaid funds....

In the case at hand, the crux of the issue is the unlawful employment practices undertaken by Defendant and not the constitutional validity of any vaccine mandate....

The complaint contains lengthy descriptions of plaintiffs' religious beliefs and alleges various violations of Title VII as well as numerous state law claims. 1819News reports on the lawsuit.

Christian Flight Attendants Sue After Being Fired For Their Posted Views On LGBTQ Rights

Suit was filed yesterday in a Washington federal district court by two Alaska Air flight attendants who allege, under Title VII and state anti-discrimination laws, illegal religious discrimination, hostile work environment, workplace harassment and retaliation.  The flight attendants were fired after they posted on an internal employee message board their opposition to the Airline's support for the federal Equality Act which would add sexual orientation and gender identity as groups protected against workplace discrimination. According to the complaint (full text) in Brown v. Alaska Airlines Inc., (WD WA., filed 5/17/2022):

3.... Marli and Lacey felt compelled by their Christian faith to post one comment each, asking about the impact of the Equality Act on civil rights for religion and women in the workplace.

4. Alaska Airlines responded to Marli and Lacey’s posts by immediately removing Marli and Lacey from their flight schedules, terminating their employment, and disparaging their religious expression and beliefs as “discriminatory,” “hateful,” and “offensive.”

5. When Marli and Lacey—both union members—faced termination because of their religious practices and beliefs, AFA failed to effectively represent them, ignoring civil rights laws prohibiting both employers and unions from discriminating on the basis of religion.

First Liberty issued a press release announcing the filing of the lawsuit. 

Christian Student Sues His High School For Bullying and Harassment

 Suit was filed last week in a Florida federal district court by a Christian high school student against his public charter school alleging bullying and harassment by students, reinforced by the school, because he regularly brought a Bible to school and read it during his free time.  The complaint (full text) in Ortiz v. Mater Academy, Inc., (SD FL, filed 2/28/2022) summarizes the allegations as follows:

Nicholas Ortiz, a 14-year-old freshman, was discriminated and retaliated against by his high school, Mater Academy, because he is a Christian. Nicholas repeatedly made the school aware of a pattern of pervasive bullying by his fellow students, bullying that was reinforced by the words and actions of the school. Yet the school did not just sweep Nicholas's bullying claims under the rug-- failing to report them as required under the law-- they retaliated against Nicholas for reporting the harassment.... The school validated the despicable false rumors about Nicholas being broadcast on social media, [and] denied Nicholas due process....

The 57-page complaint sets out in detail the instances of bullying and harassment, including fellow-students ripping pages from his Bible. Numerous social media postings are reproduced in the complaint. The complaint alleges 1st and 14th Amendment violations as well as various state law claims. Christian Headlines reports on the lawsuit.

Atheist Firefighter's Hostile Work Environment Claim Can Proceed

In Queen v. City of Bowling Green, Kentucky, (6th Cir., April 22, 2020), the U.S. 6th Circuit Court of Appeals affirmed a Kentucky district court's denial of defendants' qualified immunity in a suit by a former firefighter who was harassed by his co-workers and supervisors because he is an atheist. The court held that plaintiff's claim of  hostile work environment based on religion is not covered by Kentucky’s Claims Against Local Governments Act. It also held that plaintiff's supervisor is not entitled to qualified immunity on a retaliation claim against him. Friendly Atheist blog discusses the case at greater length.

House of Lords Debates Religious Intolerance In UK

On Wednesday in Britain the House of Lords engaged in an extensive debate on religious intolerance and prejudice in the United Kingdom. (Full text of the Parliamentary debate.) Lord Hain described the seriousness of the problem in Britain:

We have grown used to pogroms against minorities at various stages in our history as a country: against Jews intermittently and sometimes continuously over the millennia; against the Irish in the nineteenth century; against Jews again in the 1930s; against black and Asian Britons from the late 1950s until today; and against Muslims in the first two decades of this century. But what is entirely novel today is a toxic convergence of attacks on Jewish, black and Muslim British citizens all at the same time. I am not aware of any period in our history when this has occurred before. It is deadly serious, with many of our citizens living in fear or terror simply because of their religion, race or skin colour. This is not just scandalous, it is criminal.

Lord Bourne said in part:

We have asked the Law Commission to review the coverage and approach of current hate crime legislative provision. We must be clear: when someone has perpetrated a hate crime, they will be held accountable for it. Later this year, we will launch a wide-ranging national hate crime public awareness campaign publicly to address hate crime. The refresh commits us to updating the True Vision website to make it easier to use and to ensure it remains the key central platform for all hate crime reporting. We are working with the National Police Chiefs’ Council to provide hate crime training for all call handlers in order to ensure an appropriate response from the first contact, and we are creating the challenging hate crime support group—a network of organisations who share resources, skills and best practice.

Law & Religion UK also reports on the debate.

Mormon Car Salesman Sues Claiming Religious Harassment By Employer

Arkansas Online reported yesterday on a religious discrimination lawsuit filed by a former auto salesman against a Fort Smith, Arkansas Ford dealership.  Richard Black says that about two weeks after he began working for Randall Ford, the used car manager began to question him intrusively about his religious beliefs. He particularly harassed him about his religious undergarments.  Black also complained that he was told to lie to customers about prices and deals in order to sell vehicles.  After 7 months he was fired, being told he did not fit in.  The suit was filed in state court in June and removed to federal court last week.

Texas State Trooper Sues Over Religious Harassment By Co-Workers

According to the Austin Statesman, Texas state trooper Patsy Jones, assigned to work at the state Capitol, has filed a religious discrimination lawsuit alleging that her colleagues harassed her about being religious because she often reads her Bible at work.  She says that when she complained, her supervisor at the Texas Department of Public Safety suggested mediation with fellow-employees. When she declined, she was ordered to work from home for 6 months, and was then assigned to the night shift.

Suit Charges Fatal Religious Harassment of Christian Student In Mississippi

A civil rights suit filed in a Mississippi federal district court last week claims that the failure of school officials to respond adequately to the severe religious bullying of a 12-year old Christian student led to the student's death.  The complaint (full text) in Malone v. Moss Point School District, (SD MS, filed 11/6/2015), alleges that 7th-grade student Lorel Ka'heim Malone was "bullied, teased, and harassed about his size, clothing, looks, and above all, his religious beliefs and practices." His middle-school classmates bullied him over his handing out of religious crosses, pictures of angels, and his slogan against bullying "be a hero, take a stand." The school responded to complaints about the bullying only by transferring Lorel to another math class, but did nothing to punish the students who were guilty of the bullying. In March 2014, Lorel died as the result of heart problems stemming from a physical attack by the same students who had been bullying him. The suit alleges that school officials' deliberate indifference violated Lorel's rights under the equal protection and due process clauses of the 14th Amendment. The (Biloxi, Miss.) Sun Herald reported on the lawsuit.

DOJ Requires Georgia County To Provide Extensive Training To Prevent Religious Bullying of Sikhs and Others

Last week (Nov. 18), the Justice Department announced an extensive agreement between federal authorities and the DeKalb County, Georgia school district requiring the district to implement polices and procedures to prevent and respond to religious and national origin harassment of students by fellow-students. The Resolution Agreement (full text) supplements a May 2013 agreement (full text) that settled a lawsuit brought by a Sikh student who had been repeatedly harassed and bullied. (2013 Sikh Coalition release.) That agreement required implementation of a safety plan for that student and anti-harassment training.  Last week's settlement (Sikh Coalition release) grew out of the Justice Department's continuing examination of the school district's harassment policies. Among other things, it requires the school district:

to develop and implement annual age and position-appropriate trainings on religious and national origin harassment for all students, staff who interact with students (including administrators, teachers, counselors, and bus drivers), and District-level administrators who interact with students or who are involved in addressing harassment or bullying in the District. The District will implement separate student- and staff-specific trainings....

All trainings must include:

A facilitated discussion of the root causes of religious and national origin harassment and the harms resulting from such conduct, including but not limited to issues related to post-9/11 backlash and the perpetuation of negative stereotypes impacting the Sikh, Muslim, South Asian, and Arab-American communities....