A New Jersey Superior Court judge has denied Fairleigh Dickinson University’s motion to dismiss key claims in a lawsuit brought by a Jewish campus rabbi who alleges he was suspended after objecting to antisemitic activity.
In a Feb. 13 order, the Superior Court of New Jersey, Bergen County, rejected the private university’s bid to dismiss counts in an amended complaint filed by Rabbi Ira Jaskoll, a professor who served as a volunteer Jewish chaplain for the Division of Student Affairs–Office of Campus Ministries at its Metropolitan Campus in Teaneck, N.J.
The court dismissed one count under the New Jersey Conscientious Employee Protection Act but allowed other claims to proceed.
Jaskoll first filed suit last year, alleging religious discrimination and retaliation in violation of the New Jersey Law Against Discrimination and state associational rights laws.
According to the amended complaint, Jaskoll “facilitated students’ continued spiritual wellness at the university” in his role as volunteer chaplain. He alleges that after he objected to what he described as antisemitic speech and abuse directed at Jews during a university-approved campus event advocating for the destruction of Israel, Fairleigh Dickinson suspended and effectively terminated him.
The complaint asserts that Fairleigh Dickinson, its employees and agents violated Jaskoll’s rights under the NJLAD “to be free from all forms of discrimination and retaliation,” and that the university’s actions were retaliatory and discriminatory.
Mark Goldfeder, director of the National Jewish Advocacy Center, which represents Jaskoll along with Mazie Slater Katz & Freeman, stated that the decision sends a message to universities facing antisemitism claims, calling it a “major win.”
“The judge denied FDU’s motion to dismiss—and rejected FDU’s attempt to use the First Circuit’s MIT decision as a get-out-of-liability card for antisemitic discrimination,” he stated.
“We are glad to see the court rejected FDU’s efforts to rewrite the law, rewrite history, and rewrite the definition of Jew-hate for the 21st century,” Rachel Sebbag, litigation counsel with NJAC, stated.
“This case now proceeds to discovery, and we look forward to vigorously pursuing justice for Rabbi Jaskoll,” Sebbag added.
