Illinois Commission Rules No Religious Discrimination in Hostage Poster Removal Case

The Illinois Human Rights Commission recently ruled against a former employee of a mental health services clinic in a case involving religious discrimination claims. The decision, issued two weeks prior to the report, found no merit in the claims brought by the employee, identified only as Ali, against her former employer, Mindful Care, Inc.

The commission's opinion was authored by Commissioners Janice M. Glenn and Gregory E. Vaci, with Commissioner Mony Ruiz-Velasco dissenting.

Background of the Case

Ali claimed that on January 3, 2024, a video of her removing a poster from an outdoor pole went viral on social media. The video, recorded on December 29, 2023, showed Ali taking down posters depicting children who were kidnapped in Israel on October 7, 2022, by the group Hamas and being held hostage.

According to Ali, the poster removal was intended to protest what she described as efforts to "create fear, justify the genocide in Palestine, and encourage the killing of Palestinian children."

Following the video's circulation, Ali alleged she was harassed by hate groups, including one she identified as "Stop Antisemitism."

Employer's Justification for Termination

Ali was fired on January 4, 2024, with her employer citing several reasons:

• The video was "not a good look for Employer."
• The employer was being accused of antisemitism by online commentators.
• The employer was "losing patients as a result of the video."
• Ali's conduct was "misaligned with Employer's core values."
• Ali's actions demonstrated a "lack of empathy toward the events on October 7, 2022."

Ali's Religious Discrimination Claim

Ali argued that she is Muslim and that her religious beliefs, which include the sanctity of human life and the idea that all lives are worthy of equal respect and dignity, motivated her actions. She cited Islamic teachings that support resistance against oppression, including solidarity with Palestinians and resistance to Israeli occupation as acts of faith.

She claimed that her termination was a form of religious discrimination, as it was directly tied to her actions on December 29, 2023.

Commission's Ruling on Religious Harassment

The commission rejected Ali's claim of religious harassment, stating:

The alleged harassing conduct occurred off Employer's premises, outside of work hours, and was conducted by third-party persons, none of whom were employed by employer. Therefore, the alleged harassment did not alter Petitioner's terms and conditions of employment or create a hostile or abusive working environment.

Commission's Ruling on Religious Discrimination

The commission also rejected Ali's claim of religious discrimination, stating:

Petitioner claims that Employer subjected her to unlawful employment discrimination when it discharged her on January 4, 2024, on account of her religion. Specifically, Petitioner claims that Employer discharged her in response to the December 29, 2023, video of her pulling down a poster while off work. However, … there are no references in Respondent's record to similarly situated employees outside of Petitioner's protected class that were treated more favorably under the circumstances.

The commission further noted that unlike in previous cases where discrimination was found without a comparator, there was no additional evidence, such as statements related to Ali's religion or conduct, to support her claim.