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Non-Jew Can Sue Over Anti-Semitic Comments, New Jersey Court Rules

Posted: 04/23/2012 2:29 pm Updated: 04/25/2012 4:11 am

Gavel

You don't have to be Jewish to suffer from anti-Semitic slurs, according to a new court ruling.

Arutz Sheva reports that a New Jersey state appeals court reversed a lower court's decision and decided Myron Cowher can sue his former employees under the state's anti-discrimination laws.

In the suit, Cowher claims his former supervisors, Jay Unangst and Nick Gingerelli, subjected him to regular ridicule, including telling him, "Only a Jew would argue over his hours" and "If you were a German, we would burn you in the oven."

NBC New York reports that the judges didn't focus on the merits of Cowher's claims, but rather on the "proper question" of what effect the supervisors' alleged comments would have on "a reasonable Jew." Cowher's actual background is German-Irish and Lutheran.

Cowher's attorney, Robert Scirocco, told msnbc.com that his client had to endure a "barrage of verbal attacks on a regular basis.”

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HUFFPOST SUPER USER
shrlnb
04:33 PM on 04/28/2012
Great now non-Jews can sue Jews who slam Islam.
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11:09 AM on 04/29/2012
Only if the Jews pick you out and make fun of you with anti-muslim slurs.
HUFFPOST SUPER USER
pynecastle
01:47 PM on 04/28/2012
If a Palestinian-American were harassed with slurs against his ethnicity, could he sue over anti-semitic comments?
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11:13 AM on 04/29/2012
Antisemetic has two meanings: The definition created when it was first made up, and the actual meaning of the words.
The first use of "antiemitism" was in the 19th century in Germany where political candidates would run as "antisemetic" candidates, meaning that they promise not to allow Jews to become citizens (Jews did not become citizens in Germany until the 1880s), and then later to restrict Jews from society or worse.
The words themselves are far broader, where anti is against and semetisim would refer to al semetic people. However, that is not the historical usage. Many words, such as Peruse do not mean what they are supposed to mean. Defenition wise it means to read deeply, but usage turned it to something more akin to flipping through or shallow reading.
In linguistics: Usage>definition
12:33 PM on 04/25/2012
"Non-Jew Can Sue Over Anti-Semitic Comments" - And why not? It sounds perfectly logical. I don't have to be black to sue somebody whose racism I've witnessed and whose black victims are too intimidated to do it themselves.
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dadw5boys
Disabled Vietnam Vet
07:40 AM on 04/25/2012
Why is there a pic of Ronald Mc Donald as Hitler ?
Oh so the "Corporate Person " can sue ?
Uh oh Homer Simpson will be living in the Court Room .
01:56 AM on 04/28/2012
They're always putting unrelated videos down below. They think it'll make people wander the site more. It's irritating.
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01:00 AM on 04/25/2012
And there goes the first amendment.
01:21 PM on 04/25/2012
That was harassment and Cowher should sue the hell out of them. He should've complained first before suing. The company also has potential liability..
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01:25 AM on 04/26/2012
"He should've complained first before suing."

You think?
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HUFFPOST SUPER USER
QuakerJewish
Reality over myth.
07:44 PM on 04/26/2012
Nothing about the ammendment, or the concept, says free speech is without consequences when it does harm. Our country has had libel and slander laws as long as we have had the right to free speech. Our founding fathers never intended speech to be without personal responsibility.

So, no. You are over reacting.
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12:37 AM on 04/27/2012
I will take your legal council as the value it was offered for.
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HUFFPOST SUPER USER
jjordande
Appalachian Mountain Lioness killing FOX Sheeple
11:05 PM on 04/24/2012
The real message is hidden in the fact the reference had to deal with simply mentioning Jew negatively at all. There's no way a Black person claiming he was repeatedly called a greasy whop Italian the ruling would have been the same.
08:31 PM on 04/27/2012
Yes, they are training the gentiles to react to anti semitism. Part of Noahide training.
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Anybodyseenthepopos
אני כלום בלעדיהם
02:44 PM on 04/24/2012
Abusive conduct by one's supervisors should certainly be something you can sue your employer for.
But I don't think calling a white person the NWord is a racist crime.

Hurtful, hateful, insipid, disgusting, and the promotion of hateful racial stereotyping in general yes. But I don't think it's discriminatory in specific.

Same goes for this.
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phal4875
The world is run by cats; we just feed them.
02:07 PM on 04/24/2012
It defies rational belief that someone's supervisors would threaten to burn him in an oven. Are these bosses even sane?
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HUFFPOST SUPER USER
QuakerJewish
Reality over myth.
08:05 PM on 04/26/2012
They were bullying the employee.
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HUFFPOST SUPER USER
lawdini
My other micro-bio is a Cadillac.
12:13 PM on 04/24/2012
This decision is good news for NJ employees. Whether you are actually Jewish, or Muslim, or gay, or disabled, or whether your boss just thinks you are, he or she shouldn't be able to discriminate against you. Makes perfect sense to me.

http://www.newjerseyemploymentlawyerblog.com/2012/04/nj_court_expands_definition_of.html
09:48 AM on 04/24/2012
Making comments like that I'd like to know what kind of company this employer ran?
ThinkCreeps
Seriously, it's time.
12:53 AM on 04/24/2012
This guy is the guy directly affected by the alleged bullying.
The bullies allegedly thought he was jewish.
Whether he's jewish or not isn't really the point.
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HUFFPOST SUPER USER
helenwheels74
check your sugar-coat at the door
12:40 PM on 04/24/2012
exactly, just as some not-so-masculine boys and men are bullied and called homophobic names, even though they're straight. it still inflicts emotional harm.
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HUFFPOST SUPER USER
Killermolls44
The night is dark and full of terrors.
03:08 AM on 04/25/2012
It's stereotyping at its worst.
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HUFFPOST SUPER USER
Hillbilly49
Don't tell me you are a Christian; let me guess.
10:18 PM on 04/23/2012
Such as deal !
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HUFFPOST SUPER USER
Jeannette Lacey
01:44 AM on 04/24/2012
I adore your sick sense of humor - please don't change!
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aztrukin
I am the leader of opting out of badges.
10:01 PM on 04/23/2012
I would award him a class in comebacks for compensation.
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HUFFPOST SUPER USER
QuakerJewish
Reality over myth.
08:15 PM on 04/26/2012
For an employer? Did you miss the power relationship or the bullying aspect behind this decision?

I bet yes, it went right over your head. But just in case, Aztrukin, what would be one of those comebacks to deal with this type of situation, (without getting fired, of course).
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aztrukin
I am the leader of opting out of badges.
08:56 PM on 04/26/2012
Here is my comeback. Note to moderators/managers, this is a comeback and in no way represents a statement lacking respect for any person. That being said, here you go. "I got your Jew hangin right here, and I burned it in your wife's hot box last night". At that point, either you will be fired or respected for giving it as good as you can take it. If you are fired, go collect unemployment. I personally would hate to work with you, no personality or sense of humor. I work in construction and we throw insults daily and it is considered a sign of friendship. You may not like it but too bad.
08:51 PM on 04/23/2012
I can't comment on the "merits" of the case, because anything I write would be misinterpreted.

But if he wins the case, I see thousands of salivating lawyers ready to take on the next employer who says anything not "politically correct"
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phal4875
The world is run by cats; we just feed them.
02:09 PM on 04/24/2012
Do you really view not threatening to burn someone in an oven as "politically correct?" If so, what would you see as beyond the pale?
09:47 PM on 04/24/2012
Of course its politically incorrect and personally abhorent.

Its not about that. Its about suing over everything that is said, every time somebody falls, every time someone's dog poops on your lawn.

Where does it end? How do businesses grow and the economy recover when every hateful remark becomes a lawsuit?

I've been involved in legal reform and seen the grief, the stress, the ruined lives of people involved in lawsuits because somebody was "offended" by a hateful comment.

I've seen people who could divorce amicably turn into mortal enemies when the divorce lawyers get involved.
02:31 PM on 04/24/2012
Yeah people will be afraid to suggest that mass murder of people of a given ethnicity is a good thing. Who wants to live in a world like that.
09:49 PM on 04/24/2012
Dear Lon,

Please read my response to phal 4875.

Thank you
HUFFPOST SUPER USER
lowrodiay65
08:37 PM on 04/23/2012
The whole anti-semitic thing is nuts.
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HUFFPOST SUPER USER
QuakerJewish
Reality over myth.
08:34 PM on 04/26/2012
That is not what this is about at all. It is about verbal assaults and bullying that involves hateful speech. The ruling means one does not have to belong to the class or group the bullying or assaulting speech attacks with. It recognizes that the damage can be the same.