The Lawfare Project and Winston & Strawn LLP announce lawsuit against Dallas-based mental health clinic
The Lawfare Project and Winston & Strawn LLP, announced today that they have filed a federal lawsuit against D2 Counseling, a mental health counseling clinic in Dallas, Texas, and its co-owners Dr. Dina Hijazi and Rev. Daniel Gowan, for unlawful, antisemitic discrimination and retaliation in violation Section 1981 of the Civil Rights Act of 1866.
The lawsuit alleges that plaintiffs Yocheved Junger and Jacqueline Katz–two Jewish therapists–were wrongfully terminated in retaliation for exercising their protected right to oppose workplace discrimination, after Hijazi and Gowan prevented them from assisting a colleague treating a Jewish client experiencing trauma related to antisemitism.
“It’s rare to see a wrongful termination case where the employer’s discriminatory and retaliatory actions are as brazen as those presented here, and it’s hard to imagine an employer having the audacity to engage in similar actions directed towards any other minority group,” said Jaclyn Clark, Counsel at The Lawfare Project. “Employers, even those who classify their workers as independent contractors and who may not otherwise be subject to state or federal laws prohibiting discrimination based on religion due to their size, like D2, can not lawfully discriminate against their Jewish workers with impunity. Discrimination based on Jewish identity is illegal race discrimination under Section 1981, and it will not go without consequence.”
As detailed in the complaint, during a routine staff meeting, a non-Jewish colleague sought insight from Junger and Katz about treating a Jewish client who was dealing with the negative effects of antisemitism. Hijazi blocked the Jewish therapists from sharing culturally competent insights about Jewish identity and trauma to assist in the Jewish client’s treatment–a standard practice in the mental health field that was also routinely followed at D2 Counseling for clients of other races, faiths, and backgrounds. In doing so, Hijazi asserted that, as Jews, Junger and Katz’s perspectives on Jewish trauma would be unhelpful and “one-sided.”
“We will not tolerate attempts to politicize Jewish trauma to justify the denial of competent health care to Jewish patients, nor will we allow Jewish employees to be unlawfully silenced or retaliated against for opposing such discrimination,” said Brooke Goldstein, Founder and Executive Director of The Lawfare Project. “By filing this lawsuit, our goal is not only to achieve justice for Yocheved and Jacqueline, but also to shine a light on the serious problem of Jew-hatred in the mental health field. This action should also serve as a cautionary tale for small business owners, ignorance of the law is not a defense to illegal discrimination.”
The complaint further details how Hijazi issued a directive forbidding any additional discussion of Jewish-related trauma during staff meetings, referencing the “Palestine Israel topic” even though that had not been mentioned–improperly conflating Jewish trauma and antisemitism with geopolitical issues. When Junger and Katz respectfully voiced concern over the discriminatory double standards applied towards the clinic’s Jewish client and objected to being silenced for being Jewish, Gowan replied that they were “way over the line.” And when Junger and Katz followed up regarding their objections a few days later, both were terminated within 24 hours.
“D2, Hijazi, and Gowan engaged in blatant, unabashed discrimination that cannot go unchecked,” said LeElle B. Slifer, Co-Chair of General Litigation at Winston & Strawn. “The U.S. Supreme Court has long held that our civil rights laws protect Jews as a distinct racial group. The treatment Yocheved Junger and Jacqueline Katz experienced is not only unconscionable, but also unlawful. Yet sadly stories like theirs are all too common given the recent rise in antisemitism. Reversing this trend will not be easy, but filing our Complaint marks an important step in the right direction,” said LeElle B. Slifer, Co-Chair of General Litigation at Winston & Strawn.