Lawfare—often manifested in the form of illegitimate, frivolous lawsuits filed solely to intimidate—also entails the failure to apply existing law to protect fundamental human and civil rights. Among these is the right to equal protection and freedom from discriminatory treatment, guaranteed by numerous state and federal statutes prohibiting discrimination based on race, religion, national origin, sex, and other specified classes.
In late 2013, a formal complaint was filed with the U.S. Secretary of Transportation (Secretary) alleging illegal discrimination by Kuwait Airways (KA) on the basis of national origin, in violation of federal law proscribing such discrimination by air carriers. The complaint concerned the airline's refusal to transport Israeli nationals on nonstop flights from New York to London. KA's bigoted policy is readily apparent: to purchase tickets through the airline's website, the passenger must select his or her nationality from a drop-down list of countries, as well as the passport issuing country. Israel is absent from these drop-downs and, consequently, Israeli nationals cannot buy tickets.