MANHATTAN (LN) — U.S. District Judge Jeannette A. Vargas granted a motion to strike historical allegations from the Third Amended Complaint in a Title VII and Section 1983 employment discrimination suit brought by Avraham Goldstein, an Orthodox Jewish assistant professor at the City University of New York.
Goldstein, an Israeli citizen and Zionist, alleges he faced discrimination and retaliation after complaining about a campus program called the “Palestinian Solidarity Series.”
His complaint included paragraphs purporting to outline the historical origins of the modern state of Israel, beginning in Biblical times and covering events during the Roman Empire through the present day.
Defendant Nadia A. Saleh moved to strike those paragraphs under Federal Rule of Civil Procedure 12(f), arguing the content was redundant, immaterial, impertinent, or scandalous.
Vargas agreed, ruling that evidence regarding the history of the Jewish state, including events from several thousand years ago, had no bearing on whether Goldstein was subjected to discrimination or retaliation on the basis of his nationality or religion.
“Requiring Defendant to either admit or deny allegations regarding historical events that took place in 136 C.E. would serve no purpose,” Vargas wrote in her May 11 order.
The judge noted that to the extent the paragraphs set forth controverted and charged contentions regarding the creation of separate Israeli and Palestinian states, requiring a response would be prejudicial to the defendant.
Goldstein asserts claims for religious and national origin discrimination and retaliation under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, the New York City Human Rights Law, and the New York Civil Rights Law.
He also brings claims under 42 U.S.C. Section 1983 for violations of his rights to due process and equal protection.
The clerk of court is directed to terminate the motion to strike.