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Campus antisemitism

UC Berkeley Settles Lawsuit, Admits It Discriminated Against Israeli Scholar

Dr. Yael Nativ claims Berkeley rescinded an offer to continue teaching dance at the school after October 7th. University will apologize, pay, and invite her back to teach.

pro-Palestine demonstrators chants chant slogans and hold up signs as they march next to a Pro-Israel protest in Times Square, New york on October 18, 2015.
pro-Palestine demonstrators chants chant slogans and hold up signs as they march next to a Pro-Israel protest in Times Square, New york on October 18, 2015. (Photo: Amir Levy/Flash90)

The University of California, Berkeley, has acknowledged that it discriminated against an Israeli academic, agreeing to issue a formal apology and pay damages as part of a legal settlement announced Wednesday.

The case was brought by Dr. Yael Nativ, an Israeli dance researcher and sociologist who taught a course on contemporary Israeli dance at Berkeley in spring 2022. According to the lawsuit, the university encouraged her to apply to teach again, but after the October 2023 Hamas invasion and the outbreak of the Gaza war, Berkeley rescinded the opportunity.

Berkeley’s Office for the Prevention of Harassment and Discrimination investigated the matter and concluded that Nativ had indeed been discriminated against because she was Israeli. Both California civil rights law and Berkeley’s own nondiscrimination policy prohibit discrimination based on national origin.

The Brandeis Center for Human Rights Under Law represented Nativ.

Under the settlement, Chancellor Rich Lyons must personally apologize. “She is owed the apology I will provide on behalf of our campus. We look forward to welcoming Dr. Nativ back to Berkeley to teach again,” Lyons said in a statement.

According to the agreement, the university affirmed that one of its employees violated policy, acknowledged that discrimination against Israelis is prohibited, and committed not to permit anti-Israel discrimination going forward. Berkeley will pay Nativ 60,000 dollars and extend a renewed invitation for her to teach.

Nativ’s lawsuit detailed internal messages showing faculty members attributing her rejection to campus politics after October 7. One faculty member told her that hosting her would put both her and the department “in a terrible position,” citing anger among graduate students. Another Jewish faculty member described the rejection as “politically tinged.”

After going public, Nativ repeatedly asked Berkeley for action following the discrimination finding, but the university did not move forward, prompting her to sue. The complaint alleged violations of California’s Fair Employment and Housing Act, the state Education Code, and the university’s own duty to prevent discrimination.

The case is one of many unfolding nationwide as universities face legal challenges from both supporters and opponents of Israel over their handling of antisemitism, anti-Zionist activism, and campus unrest since October 2023.

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