Non Jew Can Sue Over Anti-Semitism: Court

By JTA

Published April 23, 2012.
  • Print
  • Share Share

A New Jersey appeals court has ruled that a man can sue for enduring anti-Semitic slurs from former employers despite not being Jewish.

Myron Cowher, a former truck driver for Carson & Roberts Site Constructions & Engineering Inc., sued the company and former supervisors after allegedly enduring anti-Semitic comments for more than a year. His suit alleges discrimination that resulted in a hostile work environment.

The Appellate Division of New Jersey Superior Court reversed a Superior Court judge in a 3-0 decision. The appeals court stated that the “proper question” is what effect the derogatory comments would have on “a reasonable Jew,” not on Cowher, who is of German-Irish and Lutheran background.

Experts say the ruling will expand the scope of who can sue for discrimination under the New Jersey Law Against Discrimination by allowing anyone, not just a member of the protected class, to pursue the claim. This significantly broadens the interpretation of the law, which typically has protected people based on their actual age, race, religion or sexuality.

Gregg Salka, an associate at Fisher & Phillips law firm who works with small-business clients, told The Star-Ledger newspaper that “Anyone can pretty much bring a claim, even if they’re not a member of a protected class. It moves the focus more towards the discriminatory comments rather than the actual characteristic of the plaintiff.”

Cowher, of Dingmans Ferry, Pa., said he was the subject of anti-Semitic banter from January 2007 until May 2008, when he left the company for unrelated reasons. His supervisors admitted to directing anti-Semitic slurs at Cowher but insisted that it was part of a “locker-room type exchange” in which Cowher “willingly participated.”


The Jewish Daily Forward welcomes reader comments in order to promote thoughtful discussion on issues of importance to the Jewish community. In the interest of maintaining a civil forum, The Jewish Daily Forwardrequires that all commenters be appropriately respectful toward our writers, other commenters and the subjects of the articles. Vigorous debate and reasoned critique are welcome; name-calling and personal invective are not. While we generally do not seek to edit or actively moderate comments, our spam filter prevents most links and certain key words from being posted and The Jewish Daily Forward reserves the right to remove comments for any reason.





Find us on Facebook!
  • What's it like to be Chagall's granddaughter?
  • Is pot kosher for Passover. The rabbis say no, especially for Ashkenazi Jews. And it doesn't matter if its the unofficial Pot Day of April 20.
  • A Ukrainian rabbi says he thinks the leaflets ordering Jews in restive Donetsk to 'register' were a hoax. But the disturbing story still won't die.
  • Some snacks to help you get through the second half of Passover.
  • You wouldn't think that a Soviet-Jewish immigrant would find much in common with Gabriel Garcia Marquez. But the famed novelist once helped one man find his first love. http://jd.fo/f3JiS
  • Can you relate?
  • The Forverts' "Bintel Brief" advice column ran for more than 65 years. Now it's getting a second life — as a cartoon.
  • Half of this Hillel's members believe Jesus was the Messiah.
  • Vinyl isn't just for hipsters and hippies. Israeli photographer Eilan Paz documents the most astonishing record collections from around the world:http://jd.fo/g3IyM
  • Could Spider-Man be Jewish? Andrew Garfield thinks so.
  • Most tasteless video ever? A new video shows Jesus Christ dying at Auschwitz.
  • "It’s the smell that hits me first — musty, almost sweet, emanating from the green felt that cradles each piece of silver cutlery in its own place." Only one week left to submit! Tell us the story of your family's Jewish heirloom.
  • Mazel tov to Chelsea Clinton and Marc Mezvinsky!
  • If it's true, it's pretty terrifying news.
  • from-cache

Would you like to receive updates about new stories?




















We will not share your e-mail address or other personal information.

Already subscribed? Manage your subscription.