A Troubling Civil Rights Situation
By Zanah Ghalawanji
Mar/Apr 2024
In a shocking violation of anti-discrimination laws, Montgomery County (Md.) public school teacher Hajur El-Haggan faced immediate leave and investigation for sharing the Palestinian slogan, “From the river to the sea, Palestine will be free.” Her non-Muslim colleagues who shared similar speech have not been disciplined. This incident is emblematic of a troubling trend where American employees supporting Palestinian freedom are harshly reprimanded.
Over the past three months, civil rights organizations like CAIR have received numerous complaints of employer retaliation against those speaking out on the Israeli government’s genocide in Gaza. CAIR headquarters has seen a 20-fold increase in calls involving professional repercussions for political speech. The backlash is “unprecedented,” says Zainab Chaudry, director of CAIR’s Maryland office.
During this period, employees have witnessed a stark reality of limited speech rights, with institutions in the U.S. disregarding anti-discrimination laws and free speech protections. Despite the U.S. priding itself on valuing freedom of expression, American employers target pro-Palestinian employees through disproportionate enforcement of workplace policies, strict limitations on private speech and the weaponization of fear-mongering tactics.
Anne Arundel County (Md.) special education teacher Saera Suhail also found herself a target of employer investigations into violations of rarely enforced policies. She was accused of violating email policies after opposing the county’s biased curriculum on the Gaza crisis. The school’s principal claimed that Suhail sent an unapproved email to staff when she responded to the county’s email. The selective enforcement of policies reveals a pattern of discrimination against Muslim teachers of color. Other public-school teachers in Montgomery County were accused of antisemitism, placed on leave and investigated for sharing political commentary on Facebook.
Other Professions Too
This discrimination extends beyond schools. An Ohio Muslima beauty technician was terminated by the salon’s Jewish owner after she shared posts highlighting the current situation in Gaza. The owner claimed that she violated the salon’s social media policy, despite having reportedly posting herself an Instagram story that referred to what appeared to be Palestinians as “sick animals.”
Even government employees, theoretically protected by the First Amendment, face investigations for pro-Palestine posts on personal social media. A government attorney was publicly doxed and threatened by pro-Israel advocates and placed under investigation for sharing an Instagram reel that debunked myths surrounding the crisis. Despite her speech being protected by the First Amendment, Republican lawmakers are pressuring her employer to terminate her.
Pro-Israel groups like the Jewish Community Relations Council (JCRC) and the Anti-Defamation League are exerting pressure behind the scenes to have employers fire individuals who openly support Palestine.
In the cases of the Montgomery County teachers, the JCRC issued a statement alleging that they had been placed on administrative leave for sharing “antisemitic images and messages on their social media accounts.” It supported the county’s removal of them. According to its website, one of JCRC’s “four pillars” is Israel Advocacy.
The strategy of condemning pro-Palestinian views as antisemitic is further reinforced by political resolutions. The Republican-controlled House passed a resolution equating anti zionism with antisemitism, contributing even more to the chilling effect on free expression.
Employees critical of Israel face not only professional consequences, but also personal attacks, thereby creating an environment in which any such criticism risks causing permanent damage to one’s reputation. The weaponization of fear-mongering tactics extends to prohibiting pro-Palestinian clothing, reprimanding employees for cultural symbols and even suppressing Palestinian identity through dress codes. Palestinians have reported employer bans on keffiyehs, a traditional Palestinian scarf. The professional blowback has been lopsided, but workers who have made pro-Palestinian statements are bearing the brunt of it.
CAIR is encouraging employees facing retaliation for speaking out to fill out and submit an online civil rights complaint form available at www.cair.com. We also encourage everyone to review our “Know Your Rights Materials” on www.islamophobia.org.
Zanah Ghalawanji, Esq., is CAIR’s staff attorney.
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