Sikh Coalition Files Amicus Brief in Anti-Semitic Work Environment Case

Brief Challenges Ruling that "Dirty Jew" and Other Slurs Do Not Create Hostile Workplace
(Trenton, New Jersey) September 21, 2007 – The Sikh Coalition filed an amicus brief with the New Jersey Supreme Court arguing that workplace slurs such as “dirty Jew” violate New Jersey’s Law Against Discrimination.  In February, an appeals court held in Cutler v. Dorn that such slurs simply amount to lawful “teasing” and “pranks.” 

“[I]f the Appellate Division’s holding is not reversed, then Sikh employees subjected to severe or pervasive name calling such as ‘terrorist’ and ‘Bin Laden,' and other offensive conduct will no longer benefit from the protections afforded by New Jersey’s Law Against Discrimination.”

Sikh Coalition Amicus Brief to the New Jersey Supreme Court

Scores of Sikh employees have endured

workplace slurs such as “terrorist” and “Taliban” since 9/11.   The Coalition’s amicus brief says that “if the Appellate Division’s holding is not reversed, then Sikh employees subjected to severe or pervasive name calling such as ‘terrorist’ and ‘Bin Laden,' and other offensive conduct will no longer benefit from the protections afforded by New Jersey’s Law Against Discrimination.”

In 2003, police officer Jason Cutler sued an officer of the Haddonfield Police Department, the Township of Haddonfield, and its public safety director. Cutler said he was subjected to the following conduct:

  • the phrase “dirty Jews” was used in his presence;
  • a Israeli flag sticker was placed on his locker and 2 weeks later a German flag sticker was placed above it;
  • a supervisor asked him several times about his “big Jew nose”;
  • he was "jokingly" told that he would not be permitted to wear a yarmulke on Passover; and
  • other officers told him “Jews are good with numbers” and “Jews make all the money.”

A jury ruled in February 2003 that Cutler did in fact face a hostile environment on the job, “based on his religion or ancestry.”  On February 3, 2007, however, a three-judge appeals panel overturned the verdict. The appeals court held that “epithets or comments which are ‘merely offensive’ will not establish a hostile work environment claim.”

The Coalition’s brief critiques the appeals court for viewing Cutler’s ordeal as “merely offensive” because the “[court’s] analysis appears to originate from the perspective of the officers… not the victim of the conduct.”  Accordingly the brief asks how such conduct, given the history of genocide and stereotypes suffered by Jews, could be viewed as anything but hostile workplace discrimination.

The Sikh Coalition has received more than 40 reports of bias or discrimination against New Jersey Sikhs since 9/11.  These acts of bias are often precipitated by slurs such as “Bin Laden” and “terrorist.” 

The Coalitions brief says that if the appellate ruling is upheld, “one must wonder whether a Sikh employee in New Jersey that is routinely called “Bin Laden” and “terrorist” in the workplace… would be protected by the LAD [Law Against Discrimination]. 

The Coalition is committed to advocacting for human rights for all.  If you or someone you know has been a victim of discrimination, please report it to www.sikhcoalition.org/ListReports.asp.

Started as an effort to educate the greater North American community on Sikhs and Sikhism, the Sikh Coalition seeks to safeguard the civil and human rights of all citizens as well as to promote the Sikh identity and communicate the collective interests of Sikhs to civil society. The Coalition serves as a resource on Sikhs and Sikh concerns for governments, organizations and individuals.

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