UC Berkeley sued for rejecting Israeli professor over national origin

The case comes as Berkeley faces multiple complaints alleging hostile climate for Jewish and Israeli students.

Internal investigation found the department chair discriminated against the scholar, but school failed to act, lawsuit claims.

The University of California, Berkeley, is facing a lawsuit claiming administrators refused to rehire an Israeli scholar after Hamas’ Oct. 7 terrorist attack, citing fears of escalating campus tensions over anti-Israel protests.

Dr. Yael Nativ, a dance researcher and sociologist, taught at Berkeley’s Department of Theater, Dance, and Performance Studies in 2022 and was encouraged to reapply for the 2024–2025 academic year. But in November 2023, department chair SanSan Kwan allegedly texted Nativ that “things are very hot here right now and many of our grad students are angry,” calling it a “terrible position” for her to teach at the school.

The lawsuit, filed by the Louis D. Brandeis Center for Human Rights Under Law and Olivier and Schreiber PC, argues that Berkeley’s decision violated federal and state anti-discrimination laws. It also alleges that Berkeley administrators bowed to pressure from students upset with Nativ’s Israeli background.

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Brandeis Center CEO Kenneth L. Marcus said Berkeley’s rejection of Nativ worsened the climate for Jewish and Israeli academics on campus. 

“For a university to deny the invitation of a respected professor simply because of her national origin is not only distasteful, it’s illegal,” Marcus said. He added that such decisions send a message to students that discrimination is permissible.

Berkeley’s Office for the Prevention of Harassment and Discrimination later investigated Nativ’s complaint and found that Dr. Nativ was “the victim of national origin discrimination in violation of Berkeley’s Nondiscrimination Policy.” Despite this finding, the lawsuit alleges the school has not taken meaningful action to correct the violation.

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The dispute comes as Berkeley faces broader scrutiny over its treatment of Jewish and Israeli students. Earlier this year, advocacy group StandWithUs filed a federal discrimination complaint against the university, citing what it called a “hostile climate” and alleging that administrators routinely ignored reports of antisemitism.

Campus Reform reached out to UC Berkeley for comment. This article will be updated accordingly.