Will US universities, businesses adopting IHRA antisemitism definition actually help? - opinion

The damage caused by a lenient and restrained policy against the violent anti-Israel protests has led to a decision to change governmental policy, moving employers from tolerance and restraint to taking initiative, increasing enforcement and penalties against antisemitism or anti-Zionism, demonstrations, and hate crimes.

Additionally, student groups, employees, and Jewish and pro-Israel organizations are busy preparing for a multi-front response to the violent protest groups, standing guard with their employers, or educational institutions where they study or work to protect their right to a safe work environment.

Legislative aspect

On May 1, 2024, the US Congress passed a bill adopting the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism, which includes anti-Zionism, defined as prohibited discrimination that requires compensation from employers who do not act against it. The bill has not yet been approved by the Senate, but it has already been adopted by 37 states. Iowa even added legislation banning the boycott of Israeli products, and Florida passed a law to increase security measures to protect Jewish institutions.

The expanded definition has been simultaneously adopted by many countries worldwide, international organizations, numerous institutions, leading cities, and large commercial companies over the past year.

Governmental aspect

The Congressional Education Committee, which began an investigation into Harvard, the University of Pennsylvania, Columbia, UCLA, Stanford, and others, imposed reporting obligations on all institutions regarding the handling of antisemitism and the enforcement of stringent measures against offensive behavior by lecturers, officials, and students towards the Jewish minority.

The committee demanded that Harvard and Columbia present financial donation reports they received, including the names of the donating entities. Both institutions refused to provide the information, and currently, a resolution and a bill are proposed to revoke their public funding due to their non-cooperation with the investigation.

Legal aspect

A broad interpretation of the definition of prohibited discrimination, including anti-Zionism, has already been adopted. Thus, in a ruling issued on August 6, 2024, by the federal court in Boston, Harvard University's request to dismiss a lawsuit by Jewish students was rejected. The lawsuit claimed that the differential treatment they received from Harvard, its failure to take actions to protect their personal safety, and the exclusion, threats, and restriction of their freedom of movement constitute selective enforcement, contrary to the institution's code of conduct.

The judge concluded that "Harvard failed its Jewish students," and therefore, their claim for significant financial compensation for unlawful discrimination should be examined. It should be noted that a similar lawsuit against MIT was dismissed after it was proven that, following the Congressional investigation, the university changed its conduct rules and enforced penalties against rioting pro-Palestinian protesters, including banning their activities and suspending some from studies.

NYU, which was sued by Jewish students on the same grounds, reached a settlement in which it adopted the amendment to the law and committed to taking effective measures to prevent actions and hate speech by lecturers and students against Jews.

Change in consciousness

Another activity that has not received widespread media coverage is the joint preparation — funded by Jewish, Christian, and other organizations — for training and study sessions for student groups opposed to antisemitism or violent campus activities that disrupt academic routine and, in general, harm democratic cultural values.

During the summer, workshops and training sessions were held in Washington, attended by hundreds of students from 154 institutions. The curriculum included lectures on the Holocaust; the UN resolution on the establishment of the State of Israel alongside a Palestinian state; the rise of the Hamas movement after the Six Day War, whose goal is the destruction of the Jews and the conquest of Israel, leading to their persistent refusal to sign peace agreements in the spirit of the UN resolution.

In addition to providing important historical knowledge, there were visits by student delegations and various organizations to Israel, which included tours of sites of the October 7 massacre, understanding the country's borders and friction zones, and observing the liberal lifestyle of minorities in Israel. Additionally, many activities were organized, including meetings with the families of the hostages and the international community, tours of concentration camps in Poland and Germany, and an expansion of civilian advocacy on social media.

Media aspect

Independent studies (by researchers in the US, Australia, international research institutes, and even UN committees) on the atrocities of October 7 were conducted, and exaggerated and duplicated reports on the number of civilian deaths in the Gaza war were checked and debunked. Complaints and lawsuits were filed for false or biased reporting by biased media outlets, which contributed to the acceleration of the antisemitic wave. These actions led to the dismissal of news editors, presenters, commentators, and columnists at leading outlets like BBC, CNN, The New York Times, and more.

Simultaneously, social network oversight was increased, and regulation was imposed on the content and messages transmitted within them. It was revealed that there was a direct link between complaints of antisemitism filed by TikTok and BBC employees against their employers and the content distributed by the organization. A new study found that much of the inciting and false information was spread by fake accounts funded by Iran.

In the workplace

The toolkit for combating antisemitism has been expanded. Deborah Lipstadt, the US special envoy to monitor and combat antisemitism, prepared a short guide distributed to employers in 30 countries worldwide. Employers initiated a refresh of workplace conduct rules, including appointing a fast-track complaints mechanism, increasing penalties, up to and including immediate dismissals and their publication, as Google did to about 50 employees, or as a German television network did to one of its presenters; leading law firms and federal judges announced they would not hire candidates who participated in illegal antisemitic protests at universities. Databases were created for job candidates with antisemitic backgrounds, and a recent study found that at least 25% of US employers use them for screening.

Florida's governor instructed all colleges to establish review committees in the updated antisemitism databases before approving a student's registration for studies. Columbia University is considering expanding the authority of its internal police force to include arrest powers, which recently led to the resignation of three deans involved in publicly exposed antisemitic correspondence. A few months ago, the University of Pennsylvania issued mandatory conduct rules, including a ban on antisemitic and anti-Zionist statements, as well as a ban on using the institution's logo or name on social networks outside of work, with detailed penalties.

Unions with an antisemitic message were summoned to testify before Congress, facing membership abandonment, complaints, and lawsuits. Currently, a lawsuit is pending before the US Supreme Court by six CUNY faculty members (City University of New York) on their right to stop paying union dues to the professors' organization due to its discriminatory stance against them.

Employers step up

Conversely, pro-Palestinian organizations also used the summer break to prepare for a renewed attack, continuing protests in various locations, such as burning American flags in front of the Congress building during Prime Minister Netanyahu's speech and celebrations in New York City's Times Square following Hezbollah's killing of 12 Druze children.

In the near future, the fight against those spreading anti-Israeli sentiment must focus on schools, following the publication of blatant antisemitic statements by leading US teachers' unions, which even announced the inclusion of Palestine studies in the curriculum. Likely, this dangerous issue will soon be addressed by Congress or the administration.

Don't forget that antisemitism is a virus: it disappears, changes form, but returns to attack. A vaccine against it cannot be invented, but its spread can certainly be reduced.

The author is a founding partner at Dafna Shmuelevich & Co., a labor law firm representing employers.