Arab-American Muslim Woman's Discrimination Claim Can Go Forward Over Cancellation of Law Firm Job Offer for Statements Related to October 7 Actions

From Judge Sharon Johnson Coleman (N.D. Ill.) today in Chehade v. Foley & Lardner, LLP:

[O]n October 7, 2023, … [Jinan Chehade, a Muslim woman of Arab descent,] shared this message on social media:

"As you see Palestine in the news, keep two things in mind:

1. Colonization is inherently violent. Occupation is violent. Israel's existence was brought about by violence. Never equate the violence of the oppressed with that of the oppressor. The colonized with the colonizer.
2. If you support Palestine understand that necessitates supporting our right to defend ourselves and liberate our homeland by any means necessary. The colonizing power determined what was necessary when they colonized us by force and continue to genocide Palestine. You cannot claim to stand with Palestine if you prefer us to be slaughtered without fighting back. Freedom has only ever been achieved through resistance.

#FreePalestine #WithinOurLifetime"

Chehade made further remarks at a public meeting of the Chicago City Council on October 11, 2023. At the City Council meeting, Chehade opposed a resolution condemning the Hamas attack, which she explained was "completely one-sided and made no mention of Palestinians." She said:

"The Western Zionist controlled media machine would have you believe that this was an unprovoked attack. However, this is the natural response to 75 years of occupation, such that this resistance is a legal right for the Palestinian people according to international law… I'm sorry the people of Gaza did not sit quietly."

Chehade was scheduled to start her position at Foley on October 23, 2023. The week before, on October 16, a Legal Recruiting Assistant at Foley named Ayesha Karim searched for Chehade online. She claimed that she needed to find a photo of Chehade for Foley's "2023 New Associate Directory." Karim came across Chehade's statements and brought them to the attention of Amy Moynihan, Foley's Director of Legal Recruiting. Later that day, Moynihan wrote to a group including Foley's Chairman and CEO, Daljit Doogal; former Managing Partner, Stanley Jaspan; Chair of Foley's National Recruiting Committee, Robert Scher; and Chief Talent Officer, Jennifer Patton.