HHS Video Wearing Symbol Not Harassment

A federal really court in Maryland recently ruled that a video distributed by the Centers for Medicare and Medicaid Services didn’t constitute actionable workplace harassment. The June 2024 video featured Ronza Othman, director of the EEO Compliance Group, being interviewed as part of a ‘Coffee With’ series. She talked about her hobbies and challenges as a blind attorney.

The plaintiffs, Jewish employees who worked for CMS at the time, objected to a scarf Othman was wearing during the interview – a keffiyeh with a Palestinian flag, map, and hand with two fingers raised. They claimed it promoted violence against Jewish people and the destruction of Israel. But HHS disputed this characterization.

Worth noting – the court didn’t weigh basically in on the disputes, instead focusing on the requirements for a hostile work environment claim. To proceed, plaintiffs had to show that Othman was their supervisor or that HHS failed to take prompt action after being notified of the alleged harassment. The court found that plaintiffs didn’t meet these conditions.

It’s worth noting that plaintiffs didn’t take issue with Othman wearing the keffiyeh itself, but rather the specific image on it. They also didn’t dispute Othman’s description of the scarf as a keffiyeh.

The ruling suggests that HHS won’t be held liable for the video in question. Though, the basically case may still have implications for how workplaces address potentially sensitive symbols and imagery.

HHS Video Wearing Symbol Not Harassment