CUNY’s motion to dismiss antisemitism denied

The Lawfare Project (LP) and co-counsel Alston and Bird LLP applaud the recent decision by the  United States District Court for the Southern District of New York that denied the City University of New York’s (“CUNY”) motion to dismiss a lawsuit brought on behalf of Dr. Leah Garrett, Chair of the Jewish Studies Department at Hunter College. The lawsuit, filed jointly by LP and Alston and Bird LLP, alleges that CUNY failed to protect Dr. Garrett and Jewish students on campus from pervasive antisemitic harassment creating a hostile work environment in violation of Title VII of the Civil Rights Act of 1964.

In a detailed 45-page Report and Recommendation, U.S. Magistrate Judge Robert W. Lehrburger rejected CUNY’s attempt to dismiss the case, holding that Dr. Garrett had plausibly alleged a pattern of targeted harassment and university inaction. The Court found that Dr. Garrett’s claims, ranging from antisemitic vandalism to threats and discriminatory treatment, are sufficient to move forward to discovery.

“This is an important victory not only for Dr. Garrett, but for the Jewish community on campus and beyond,” said Ziporah Reich, Director of Litigation at The Lawfare Project. “The Court’s decision sends a clear message that antisemitism in the workplace, including at our universities, will not be tolerated. We look forward to moving this case forward and achieving justice for Dr. Garrett and Jewish students and faculty who deserve to feel safe, respected, and protected in their academic environments.”

According to the complaint, following the October 7, 2023, Hamas terrorist attack in Israel, Hunter College administrators ignored repeated pleas from Dr. Garrett and others to protect Jewish members of the community amid a surge of antisemitic vandalism, harassment, and intimidation. The lawsuit describes a campus where Jewish students and faculty were taunted, targeted, and left unprotected as hate symbols, such as swastikas appeared and mobs shouted antisemitic slogans. Dr. Garrett was allegedly forced to cancel classes and walk across campus with her hat pulled low so as not to be recognized; she and other Jewish professors even removed their names from office doors and online directories out of fear. The lawsuit further alleges that CUNY discriminated against Jews by denying them the right to celebrate Hanukkah by lighting the menorah–a long-standing campus tradition–while allowing a large Ramadan celebration to take place just months later.

In denying CUNY’s motion to dismiss, the Court found that Dr. Garrett had plausibly alleged a pattern of targeted harassment, antisemitic vandalism, and university inaction severe enough to constitute a hostile work environment under federal law.