ANOTHER WIN! Fighting for justice for the Jewish community
On Thursday, March 3th, the Court of Justice of the European Union (CJEU) ruled against the European External Action Service (EEAS) — the diplomatic service and combined foreign and defense ministry of the European Union — in an action concerning antisemitic harassment and discrimination in the workplace brought by a Jewish attorney and 25-year veteran of the EU government (called "Eva" here for her own protection). This action, supported by The Lawfare Project, is one of seven lawsuits Eva has brought against her former employer, all of which relate to the same targeted campaign against her during her tenure with the EEAS.
Specifically, this suit challenged the EEAS’s withholding of Eva’s salary due to “unauthorized absence” from work — an inexplicable rationale given Eva’s successful demonstration that she was physically present in the office on the dates of the alleged absences. Once this fact was established, the EEAS pivoted and attempted to argue that although Eva had in fact been present at work, she had failed to perform her duties — yet another accusation for which the EEAS has provided no evidence. Failure to perform, the EEAS claimed, was tantamount to unjustifiable absence and warranted withholding Eva’s salary.
The Court disagreed, recognizing the obvious fact that one cannot be both present and absent at the same time and further holding that the EEAS’s argument regarding alleged failure to perform clearly conflicted with the applicable EU staffing regulations. The Court ordered the EEAS to reimburse Eva for the amounts that were unlawfully deducted from her salary plus interest.
This win follows seven years of Eva being maliciously targeted by the EEAS, beginning with false and wholly unsubstantiated allegations that she was engaged in espionage on behalf of the State of Israel. Eva saw the allegations for what they were — the age-old antisemitic charge that Jews are dually loyal to their home countries and to Israel — and she repeatedly requested that her employer investigate the harassment. The EEAS took no such action, rejected the existence of antisemitism, and instead subjected Eva to years of grossly invasive security and disciplinary investigations, and retaliation. After the espionage rumors mysteriously disappeared, new charges of misconduct emerged — including absenteeism and failure to perform one's duties, as were asserted in this lawsuit — again with no supporting evidence or consideration of the context. The EEAS continued and still continues to ignore Eva’s pleas for an impartial investigation and, despite her successful debunking of each and every claim made against her, withheld her salary and ultimately dismissed her.
“This decision represents a significant victory for Eva,” said Éric Boigelot, her lawyer. “Still, we would have been fully satisfied if the CJEU could have explicitly addressed the antisemitic discrimination and harassment that unquestionably underlies the EEAS’s conduct.”
The Court will have another opportunity to confront the antisemitic elephant in the room head on when it considers another of Eva’s pending lawsuits, which challenges the termination of her employment. Nonetheless, Thursday’s ruling eviscerates the EEAS’s credibility and directly delegitimizes the actions it has taken against Eva.
The Lawfare Project applauds Eva for her bravery in fighting this fight and is honored to support her as she continues to pursue justice, both for herself and for Jews everywhere.