There are tools for fighting the anti-Semites

PHILADELPHIA, Pennsylvania — A time span of 70 years or so: For my father it was Passover, for Nicholas Bogan, it is Rosh Hashanah.

A few years after my father served in the army during World War II, he was employed as a printer and told his boss he needed to take time off for Passover. He was in for a fight. I do not recall the outcome as our conversation was brief and long ago.

Fast-forward to this past September when Nicholas Bogan, 17, sent his store manager a message that he was “celebrating the Jewish holiday tomorrow night.”

In Eatontown, N.J., 75 years after the Holocaust, Francesco Scotto Di Rinaldi responded: “F-k the Jewish. Put them on fire/like Hitler was trying to do/He had a point,” according to The New York Post.

Predictably, Bogan never returned to his part-time job as a pizza delivery driver, and two months later he filed a lawsuit against the owners of the restaurant, Maurizio’s Pizzeria & Italian Ristorante, a short drive from Asbury Park.

In a sense, Bogan is lucky. Yes, he was blindsided and likely traumatized by the experience, but when my parents were young they had to contend with widespread anti-Semitism and there was little thought, if any, about legal protections. My mother was required to list her religion on a job application for a Philadelphia publisher. More than three decades later, I learned that a Jewish friend worked there as an editor.

Bogan’s good fortune is that he has recourse, and he probably went about it with the guidance of his parents. He already has the satisfaction of knowing that Di Rinaldi was fired, and he received an apology from the owners, according to the Jewish Telegraphic Agency.

The lawsuit is a wise, effective response during a startling, disturbing new age of sorts. From my parents’ post-war experiences to a decade ago, anti-Semitism in America has diminished conspicuously. It never disappeared, of course, but one could spend long stretches in some places with no reminders that anti-Semitism persists. Interestingly, Monmouth County – where the restaurant is located – comprises an estimated Jewish population of 70,000.

Why all these manifestations of anti-Semitism so suddenly? The pizza manager’s alleged harassment does not even fit the more common patterns of today such as white supremacy or Palestinian advocacy.

Jews and their friends have combined to stand together against the diverse forces of anti-Semitism. It took a savage machete attack at a Chanukah party to galvanize these forces somewhat late in the course of events, but it is succeeding.

The miracle of the Brooklyn Bridge march on Jan. 5 is not so much that it happened but that an estimated 25,000 people were willing to wake up early on a weekend morning in the middle of winter and walk more than a mile from Lower Manhattan to Cadman Plaza in Brooklyn.

While the location was convenient for New Yorkers, many participants traveled from out of town. The Jewish Exponent in Philadelphia reported that a group of weary Jews boarded buses from Philly at 8 that morning.

Raising our voices is certainly an important course of action, but the most compelling measure is to seek recourse through a polyglot system which includes not only lawsuits but a range of steps.

Bogan’s lawsuit strikes the owners in the pocketbook. The owners could spend money to compensate him and might also lose business because of the publicity.

An employee facing anti-Semitic abuse can complain to his boss, file a report with an anti-bias government agency and/or seek aid from private advocacy organizations such as the Anti-Defamation League. On campus, students and faculty can file complaints with the administration and file lawsuits.

Some forms of harassment can even result in criminal prosecution, in addition to the more serious attacks on Jews. A prosecutor in Orange County, California, arrested a group of students who disrupted a talk by Israel’s ambassador to America, Michael Oren, at the University of California-Irvine. The protesters complained bitterly when they were convicted; unlike them, Martin Luther King Jr. never whined when he was jailed even though he feared he may not leave prison alive.

A single lawsuit or complaint here and there may not accomplish much on its own, but an accumulation of such measures could make a huge difference. Such a pattern, especially if many of these complaints are publicized, will send the message to offenders that they must answer for their misdeeds.

We may not see jury verdicts or agency decisions in our favor each time, but in some ways we will have meaningful victories. Back in 2002, my complaint to the Equal Employment Opportunity Commission against a senior manager ended with a ruling in her favor. Among Jewish employees, I had been particularly vocal. In the process, this manager – who posted slogans comparing Israel to southern racists – openly expressed her hatred toward me.

Her reaction suggests that the complaints of Jewish employees struck a nerve. I heard from a friend that some employees lost confidence in her. An African co-worker revealed to me that employees believed I had tried to bring down a successful black woman. I explained to her that I was solely concerned about her actions. The co-worker sounded relieved when I told her that.

Even if Bogan gets nothing from his lawsuit, remember that his boss already lost his job. No doubt the owners are sweating out the lawsuit. I would say that the owners were negligent, but out of fairness to them I wonder if this was an isolated incident or if they knowingly tolerated a hostile environment.

The system is far from perfect. Our legal and civic avenues for fighting anti-Semitism are limited, and the Jewish advocacy organizations do not always do their jobs properly, as I can attest from personal experience. However, paths to this end are available and we can at least pursue more and better methods.

Like they say, we have come a long way and yet have a long way to go.

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Bruce S. Ticker is a freelance writer based in Philadelphia.  He may be contacted via bruce.ticker@sdjewishworld.com