From yesterday's Report and Recommendation by Magistrate Judge Jeff Armistead in Doe v. Portland Ass'n of Teachers, Doe's allegations:
Doe was born in Israel and takes his Jewish religious faith and ethnic heritage seriously. For Doe, the State of Israel is essential and integral to his devout religious faith. Although Doe immigrated to the United States, he maintains close ties to Israel and his family there. In the 2023-24 school year, Doe worked for PPS [Portland Public Schools] as a high school math teacher.
When he started working for PPS, he chose not to become a dues-paying member of PAT [Portland Association of Teachers], exercising his First Amendment right not to support union political speech and public sector collective bargaining. Nevertheless, because Doe is a PPS teacher, PAT is his exclusive representative by way of Oregon's Public Employee Collective Bargaining Act (PECBA) and the collective bargaining agreement (CBA) PAT has with PPS….
Curricula. Doe alleges that PAT collaborates with Oregon Educators for Palestine (OEP) in its publications, including by co-publishing a guide called "Teach Palestine!" The guide references resources for teaching about Palestine, "encourages teachers to use their classroom to teach anti-Isreal views[,] and includes detailed curricula recommendations for pre-K through high school." Among the recommended resources in the "Teach Palestine!" guide is "Teaching While Muslim," which includes the statement "75 years ago, a lot of decision makers around the world decided to take away Palestinian land to make a country called Israel. Israel would be a country where rules were mostly fair for Jewish people with White skin" and encouragement to make signs that include the slogan "Free Palestine."
The "Teach Palestine!" resource guide also includes "Let's Go to Palestine." That lesson—directed at elementary school—includes the statement "Palestine is currently under a brutal occupation by Israel. We pray for a truly free Palestine so that the Palestinians can prosper and we can all visit freely." Also recommended in the guide is "Handala's Return," which includes the statement: "A group of bullies called Zionists wanted our land so they stole it by force and hurt many people." The "Know Your Rights!" guide, also co-published by PAT and OEP, includes references to CBA provisions that protect teachers in teaching what are, according to Doe, anti-Israel views.
Displays. Doe alleges that, with PAT's encouragement, teachers at Doe's school wore clothing that included pro-Palestine messages, such as "Free Palestine," and "From the River to the Sea." School administration also allowed posting of Palestinian flags, print-out maps of Palestine that eliminate Israel, and other symbols and slogans throughout the school. The displayed flags and other symbols were in common spaces such as hallways, the library, as well as shared classrooms. In Doe's view, the "placement was intentional so as to appear to be an expression of the community and school rather than any individual."
Prayer. A teacher "led an on-campus morning meeting that he designated as a 'prayer circle' to support Palestine."
Organizing and Political Activities. PAT collaborates with OEP in its publications, including by co-publishing the "Know Your Rights!" guide—a document "developed in response to the censorship, discrimination, and harassment" that PPS staff experienced when teaching or supporting pro-Palestine views. PAT's social media accounts follow OEP, which organizes events and speech activities in support of Palestine and against Israel and which is visible to the public as well as members of PAT. OEP used social media to promote May 15 as "Nakba Day," for instance. It stated, "This Nakba Day, we call on educators across Oregon to wear your kufiya [sic], pins, and "From the River to the Sea, Palestine Will Be Free" shirt to school or work!" On its own social media channels, PAT announced a "students for peace" walkout on March 15, 2024, with a rally at PAT headquarters that included anti-Israel expression.
Doe also alleges that PAT endorses candidates who are vocally anti-Israel and pro-Palestine, including then-candidates Raschelle Chase-Miller and Jorge Sanchez Bautista, both of whom have used social media to promote anti-Israel messages. On May 28, 2024, PAT held informational sessions for teachers to "[l]earn about your rights to teach and advocate for Palestine within Portland Public Schools" at PAT Hall.
PAT Member Conduct. PAT members and representatives allegedly "took coordinated, politically charged actions" while knowing or disregarding the effect they would have on Doe, including posting on social media that staff should wear pro-Palestinian clothing and should post pro-Palestinian messages through the school. In March 2024, Doe "was physically intimidated by a colleague who physically blocked him from entering the copy room to use the copy machine." The colleague was "vocal about her anti-Israel views." Doe also alleges that other PAT members spread rumors about Doe and falsely blamed and accused him of various things….
Doe also takes issue with PPS, alleging that it discriminated against him and violated his First Amendment rights. Against PPS, Doe alleges the following:
- "[t]he school's policy is that every poster or expressive item displayed in the school's common areas, such as a hallway, has to receive approval from administration. Thus, any display in these areas was with the explicit or implicit permission of the school administration."
- "School administration allowed posting of Palestinian flags, print-out maps of Palestine that eliminate Israel, and other symbols and slogans throughout the school."
- "The displayed flags and other symbols were in common spaces such as hallways, the library, as well as shared classrooms. The placement was intentional so as to appear to be an expression of the community and school rather than any individual staff person."
- Although Doe brought his concerns to PPS, his school's administration refused to remove pro-Palestine symbols.
- "When he asked school administrators if he could display a flag of Israel or symbols supporting Israel's right to exist, school administrators denied Plaintiff's request telling him that an Israeli flag or related symbols would be too disruptive."
- "Because it only allowed pro-Palestinian flags, symbols, and messages, the school failed to maintain any kind of viewpoint neutrality on this issue."
Doe asserts that PPS created a hostile work environment in its religious discrimination, primarily by making Doe's school "a forum for one-sided, anti-Israel rhetoric." As a result of that hostile work environment, Doe experienced a "severe recurrence" of his post-traumatic stress disorder (PTSD) which forced him to take a leave of absence and undergo medical treatment during the summer of 2024.
Doe alleges that PPS's discriminatory conduct continues because it has failed to resolve or respond to his complaints, failed to take measures to curb the hostile work environment, and subjected him to an investigation based on false accusations. Although PPS transferred Doe to another school for the 2024-25 school year, Doe asserts that he continues to face hostility because of PPS's failure "hold individuals to account," which means that he cannot attend district-wide events because he might encounter those colleagues there.
Doe also contends that PPS's discrimination is ongoing because, as a result of PPS's "refusal to clarify the record," he continues to be "blamed for incidents that did not occur." For instance, in May 2025, Doe had to correct one of his new colleagues when they asked him "whether it was true that he was suspended for removing Palestinian flags from all the classrooms." …
