Legal Group Asks Court to Use 'Substitution Test' in Harvard Jew-Hatred Case
- 6 days ago
- 1 min read
The National Jewish Advocacy Center urged the U.S. Court of Appeals for the First Circuit to apply a “substitution test” when evaluating claims that Jew-hatred has declined at Harvard University.
“If black students at a federally funded university were reported, by 170 members of that university’s own faculty, to be concealing identifying markers and scrubbing their names from resumes to avoid ostracism, no court would describe racial discrimination on that campus as ‘improved,’” the center told the court.
“The description would be understood, immediately and correctly, as evidence that discrimination had gone underground, and that the burden of coping with it had been shifted onto its targets,” it said. “This analysis does not change because the students are Jews.”
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