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SUBJECT: Combating Workplace Antisemitism in Postsecondary Education: Protecting Employees from Discrimination
DATE: June 26, 2024
OVERVIEW: The Subcommittee on Workforce Protections of the House Committee on Education and the Workforce convened a hearing to address the rise of antisemitism in postsecondary education workplaces. The hearing examined whether institutions are fulfilling their legal obligations under Title VII of the Civil Rights Act to protect Jewish faculty and staff from harassment and discrimination. Testimonies highlighted the pervasive antisemitism on college campuses and the lack of institutional accountability to safeguard Jewish employees.
HEARING RECORDING LINK: https://www.congress.gov/event/118th-congress/house-event/117454
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Witnesses
- Mark Rienzi, President and CEO, Becket Fund for Religious Liberty, Washington, DC
- Dr. Brian Keating, Chancellor's Distinguished Professor of Physics, University of California, San Diego
- Melissa Emrey-Arras, Director of Education, Workforce, and Income Security, U.S. Government Accountability Office (GAO)
- Professor Dafna Golden, Geography Professor, Mt. San Antonio College, Walnut, California
Key Themes & Highlights
- Republican Concerns:
- Institutional Failures: Criticized universities for inadequate responses to antisemitic harassment, citing specific cases like UCLA's failure to discipline individuals involved in discriminatory actions.
- First Amendment Issues: Raised concerns about antisemitic activities being masked as free speech, such as encampments and boycotts, which create hostile environments for Jewish employees.
- Accountability in Federal Funds: Questioned whether institutions receiving federal funds are in compliance with Title VII and Title VI provisions, highlighting the need for oversight and repercussions.
- Democratic Concerns:
- Broader Discrimination: Stressed the importance of addressing all forms of workplace discrimination, including antisemitism, racism, and Islamophobia.
- Civil Rights Enforcement: Advocated for increased funding and resources for agencies like the Equal Employment Opportunity Commission (EEOC) and the Department of Education’s Office for Civil Rights (OCR) to handle discrimination complaints more effectively.
- National Strategy Alignment: Highlighted the Biden Administration's National Strategy for Combatting Antisemitism as a roadmap for addressing antisemitism in workplaces and educational institutions.
- Witness Testimonies:
- Mark Rienzi: Detailed specific instances of antisemitism on campuses, including exclusion zones and discriminatory encampments. Advocated for strict enforcement of Title VII and Title VI provisions to hold institutions accountable.
- Dr. Brian Keating: Described the hostile environment for Jewish faculty and students at UCSD, including incidents during "Justice in Palestine Week." Urged policymakers to address masked antisemitism through policy reforms, such as banning face coverings during protests to enhance accountability.
- Melissa Emrey-Arras: Provided insights from GAO’s analysis on delays in processing discrimination complaints by federal agencies. Emphasized the need for improved interagency coordination to ensure timely and effective resolution of discrimination cases.
- Professor Dafna Golden: Shared her personal experiences of antisemitic harassment at Mt. San Antonio College, including vandalism, professional isolation, and institutional inaction. Called for stronger protections for Jewish employees and the adoption of the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism.
- Contentious Points:
- Republicans: Criticized universities for tolerating antisemitism and failing to take disciplinary action against offenders. Emphasized the misuse of federal funds by institutions not complying with anti-discrimination laws.
- Democrats: Defended broader civil rights enforcement, noting resource constraints faced by agencies like the EEOC and OCR. Stressed the importance of addressing all forms of discrimination and ensuring institutions foster inclusive environments.
- Key Discussions:
- Title VII Enforcement: Examined universities' compliance with Title VII and the mechanisms for holding institutions accountable for workplace antisemitism.
- Institutional Responses: Discussed the inadequacy of current university policies and disciplinary measures to address antisemitism effectively.
- Interagency Coordination: Highlighted the need for better collaboration between federal agencies like OCR and EEOC to resolve complaints in a timely manner.
- Policy Recommendations: Explored proposals to improve campus safety for Jewish faculty and staff, including clearer guidelines and increased funding for enforcement.
In-Depth Notes
- Chairman Kevin Kiley (R-CA) criticized UCLA for failing to act decisively against antisemitic encampments, questioning the institution’s commitment to protecting Jewish faculty and students.
- Ranking Member Alma Adams (D-NC) advocated for stronger funding and resources for OCR and EEOC to address systemic delays in resolving discrimination complaints.
- Representative Elise Stefanik (R-NY) highlighted disturbing trends of antisemitic harassment at universities and called for stricter policy measures to address campus hostility.
- Representative Mark Takano (D-CA) called for bipartisan efforts to address antisemitism while ensuring comprehensive enforcement of civil rights laws across all sectors.
- Professor Dafna Golden described ongoing challenges with institutional inaction, stating that her professional opportunities were negatively affected due to antisemitic boycotts and harassment.