The war in the Middle East and unrest throughout the world has resulted in hate-fueled attacks and increased use of hateful language in our day-to-day lives. With the surge in anti-semitism and other forms of hate, New York’s Governor Kathy Hochul directed the City University of New York – referred to as CUNY – to implement 13 recommendations from Judge Jonathan Lippman’s comprehensive report on anti-semitism. She also instructed CUNY to employ anti-discrimination policies to prevent future incidents of threats or hate faced by campus members.
Should you care?
While Judge Lippman’s report applies to only a single public college, his insights are useful to business owners and managers across New York State, and perhaps across the entire United States.
Why?
Because discrimination occurs in many forms and in many places, including in private industries, non-profits, and schools. As a result, then, employers and managers across the State should consider his recommendations and employ best practices to ensure their workplaces are free from the kind of conduct that creates risk.
Background
The war in the Middle East is a Gaza-Israeli humanitarian crisis. On October 7, 2023, Hamas militants launched an attack on Southern Israel, and more than 1,200 civilians were killed and about 240 people were taken hostage. In efforts to retaliate, the Israeli military launched air, sea and land assaults into Gaza, killing 30,000 people with more than 1.7 million displaced and at risk.
The sentiments created as a result of these events and others has expanded to the rest of the world and has created serious tensions between individuals. Both federal and New York State law prohibit discrimination on the basis of religion and nationality.
There’s a lot at stake here for New York companies.
What’s Religious or National Origin Discrimination?
Workplace religious or national origin discrimination is unfair treatment based on the worker’s religion or national origin. This includes treating someone unfavorably because of their ethnicity, accent, perceived ethnic background and religious beliefs. Discrimination is unlawful and both New York’s Division of Human Rights and the federal government’s Equal Employment Opportunity Commission (EEOC) – as well as the court systems – enforce laws against this type of discrimination.
Identifying Religious or National Origin Discrimination
Some examples of this kind of discrimination include but are not limited to:
- Derogatory jokes
- Exclusion
- Unequal pay
- Denied opportunities
- Favoritism
- Inappropriate language and banter
- Harassment
Signs of discrimination can be direct, but they can also be very subtle, so it’s important for employers to keep an eye out for such behavior in the workplace. Managers and supervisors can’t engage in this behavior, and they also shouldn’t turn a blind eye to it. The victims as well as the company is at risk.
Some Recommendations From Judge Jonathan Lippman
- Implement an improved reporting portal to better support individuals lodging complaints regarding discrimination they’ve faced;
- Ensure employees or anyone involved in handling incidents of national origin or religious discrimination is informed about what it is;
- Update policies and procedures to ensure that uniform and clear guidance to address modern incidents of discrimination and other forms of hate;
- Hold employees accountable for behavior that violates policies by instituting or revisiting clear protocols;
- Encourage leadership to lead by example and speak out forcefully against any form of hate;
- Increase efforts to train and recruit faculty and staff who consistently encourage and promote inclusivity; and
- Promote dialogue among people holding different viewpoints and create additional joint programming to encourage understanding.
Does the First Amendment Apply?
Generally, the First Amendment of the United States Constitution doesn’t apply to protect worker – or anyone else’s – speech in private industry.
Of course there are other protections, including the National Labor Relations Act which protects employees and permits them to always discuss among themselves the terms and conditions of their work and workplace. But that protection isn’t meant to encourage or permit speech that’s discriminatory in nature.
The Importance for New York Employers
It’s simple: It’s a liability.
Employers have a lot on their plate running their businesses, and it’s equally important to ensure the work environment they’re creating is inclusive, no matter their own personal views.
This can be as direct as noticing abusive language being thrown around or an increase in comments towards a group of people in a rude manner. It also can be subtle. Hence, business owners, managers, and supervisors need to keep their ears open.
It’s also critical to grasp the idea of “issue spotting.” What’s this mean?
Well, if you see or hear something that sounds like it’s discrimination in your workplace, first it’s your job to first recognize that it may be a problem. Second, you need to explore the situation, which may include an investigation and the imposition of consequences, including and up to termination. Education can also be an option as well.
The reality is, it takes only one instance to create liability.
And the ongoing war in the Middle East creates powerful emotions in many people, including your workers. Thinking about these issues in advance will make you more likely to spot when comments or ideas of antisemitism, anti-Palestinian or anti-Muslim sentiment are being expressed in the workplace.
No matter the views one may hold, the laws need to be followed to protect your workers and your company.
If you need help with these or any other employment-related issues, reach out to us at info@coppolalegal.com or 716.839.9700.
We’re here to help.
