Showing posts with label Ethnic discrimination. Show all posts
Showing posts with label Ethnic discrimination. Show all posts

Friday, November 24, 2023

Inclusion of "Caste" In Antidiscrimination Policy Does Not Violate Establishment Clause

In Kumar v. Koester, (CD CA, Nov. 21, 2023, a California federal district court rejected an Establishment Clause challenge to the inclusion of "caste" in California State University's Discrimination, Harassment and Retaliation Policy. The Policy includes in its anti-discrimination ban a prohibition on discrimination based on "Race or Ethnicity (including color, caste, or ancestry)". Plaintiffs-- two Hindu professors-- contend that the Policy defines Hinduism as including a caste system and amounts to government disapproval of Hinduism.  In rejecting these contentions, the court said in part:

Plaintiffs argue that the CFA [California Faculty Association] and CSSA [California State Student Association] Resolutions demonstrate anti-Hindu sentiments. And because Defendant considered its stakeholders' input when amending the Policy, Defendant, in turn, expressed disapproval of Hinduism when it included the word "caste" in the Policy.

Plaintiffs' argument fails for two reasons. First, Plaintiffs have not demonstrated that CFA or CSSA speak for Defendant.... Plaintiffs do not offer any evidence that the Workgroup inappropriately considered the two Resolutions amongst the large amount of feedback it received from a wide array of CSU stakeholders....

Second, Plaintiffs' argument fails because the resolutions do not express anti-Hindu sentiments. To be sine, the Resolutions clearly denounce caste discrimination that occurs in South Asian societies and CFA's resolution explicitly references the presence of caste discrimination in "the Hindu religion."... But CFA's resolution does not link caste discrimination to Hinduism exclusively.... [Its] description of "caste" recognizes caste discrimination as a social ill that permeates South Asian culture and society....

Just as Plaintiffs fail to show that the Policy disapproves of Hinduism, they also fail to demonstrate that the Policy defines Hindu doctrines.

The court also dismissed plaintiffs' due process challenges for lack of standing. 

Thursday, March 29, 2018

Church's Challenge To Zoning Denial Is Rejected

In Jesus Christ Is the Answer Ministries, Inc. v. Baltimore County, (D MD, March 27, 2018), a Maryland federal district court dismissed RLUIPA and constitutional challenges by a church to a county's refusal to grant it a zoning variance so it could convert a home it purchased into a house of worship.  The court, in its 35-page opinion, said in part:
Plaintiffs have not plausibly pled a substantial burden claim because the record shows that Reverend Ware did not have a reasonable expectation when she bought the Property that it could be used for the Church.
Plaintiff's discrimination claim focused on the fact that the church's members were African immigrants and on objections to the nature of its ministry.  The court said in part:
Plaintiffs have not alleged facts supporting an inference that the Board acted with intentional or purposeful discrimination.

Wednesday, September 02, 2015

Suit Charges Pet Store Chain With Discrimination Against Persians

Courthouse News Service reports on a discrimination lawsuit filed against Petco Animal Supplies Stores for refusing to sell goldfish to individuals of Persian descent who want to use the fish to celebrate Nowruz, the Persian New Year.  Nowruz  is a secular holiday with roots in Zoroastrianism.  It appears that Petco may have incorrectly believed that the fish would be killed as part of the celebration. The suit was filed in state court in Los Angeles on Aug. 28.