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Teacher Sues NYC for Failing to Protect Against Anti-Semitic Harassment at Queens High School
Edited by: Fern Sidman
Karen Marder, a Jewish teacher at Hillcrest High School in Jamaica, Queens, is suing New York City, accusing the public school system of failing to protect her from anti-Semitic harassment. According to a report in The New York Daily News, Marder was targeted during a protest over her support for Israel, which she expressed in the wake of the October 2023 Hamas attacks. The lawsuit, filed in a Queens trial court, highlights the public school system’s failure to take preemptive action, despite prior knowledge of the planned protest.
The scene at Hillcrest High School in Queens as a Jewish teacher hid in her locked office for hours while students demanded she be fired for attending a pro-Israel rally. pic.twitter.com/jzVCEofvJS
— Steve McGuire (@sfmcguire79) November 25, 2023
The complaint centers around an incident where Marder, after attending a pro-Israel rally on October 9, posted a photo of herself holding a sign that read “I stand with Israel” on Facebook. According to the lawsuit, students began circulating the photo, leading to a protest at the school on November 20. As reported by The New York Daily News, Marder had notified the school administration about threats she received, but no meaningful measures were taken to ensure her safety. The lawsuit alleges that the school’s then-principal, Scott Milzcewski, ignored her pleas for protection, leaving her vulnerable to a hostile environment.
The lack of a response from Milzcewski and the broader public school system, according to The New York Daily News, exacerbated the situation. Marder claims in the suit that she met with the principal on the day of the protest but that “no concrete measures” were implemented to safeguard her. This inaction allowed for the escalation of anti-Semitic hostility at the school, leading to the teacher’s lawsuit on the grounds of civil rights violations.
Marder’s legal team, led by attorney Michael Chessa, emphasized that despite the traumatic events, she remains committed to her students. According to The New York Daily News, Chessa stated that Marder is focused on fostering a positive learning environment while countering intolerance. “Ms. Marder remains deeply committed to her students and the Hillcrest High School community, despite the distressing events that took place,” Chessa said.
This is Hillcrest High School in Queens, NYC.
A Jewish teacher had to hide in her office while the students demanded she be fired for attending a pro-Israel rally.
Hillcrest High School has a 27% reading proficiency.pic.twitter.com/m1thutncHP
— OutKick (@Outkick) November 27, 2023
Chessa, has been involved in previous litigation against the DOE, including a case over the COVID-19 mask mandate in preschools and daycare centers. Chessa’s current lawsuit highlights the DOE’s failure to adequately respond to the rising tensions and anti-Semitic incidents in the school, as reported by The New York Daily News. According to Chessa, the DOE focused more on the allegations against Marder than on the significant safety risks she faced during the protest.
The lawsuit comes amid a broader context of rising tensions in New York City schools following the Israel-Hamas conflict. As The New York Daily News reports, the New York City Department of Education has struggled to manage the complexities of rising political tensions, particularly with incidents like this one where social media activity sparked in-school unrest. Marder’s case illustrates the public school system’s failure to proactively address these challenges, particularly in ensuring the safety and well-being of its Jewish staff members.
Following the protest and the school’s failure to act, Milzcewski was reassigned to the Department of Education’s central offices, where he now oversees teacher development and evaluation, The New York Daily News noted. Despite this administrative change, Marder’s lawsuit underscores the systemic problems within the public school system, where, as her legal team argues, anti-Semitism was allowed to fester without intervention.
The lawsuit, as reported by The New York Daily News, details how Marder was summoned to the assistant principal’s office during third period, where she was interviewed by anti-terrorism experts, NYPD officers, and school safety personnel. Despite these measures, the complaint alleges that the school prioritized addressing unfounded allegations against Marder rather than ensuring her security. Throughout the day, Marder monitored the situation as students began gathering outside her classroom, and her concerns escalated when hundreds of them started chanting for her termination. In a chaotic turn of events, school property, including a water fountain, was destroyed during the protest, which was captured in videos reviewed by The New York Daily News.
In one of the more alarming moments described in the lawsuit, Marder recounts how she was “hastily locked in a room by school staff, allegedly for her protection.” This failed to quell the unrest, and at the end of the school day, the NYPD escorted her to her car for safety. As videos of the protest circulated on social media, Marder’s personal information, including her home address and the names of her family members, were shared by students, adding to the threats against her. The New York Daily News noted that the next day, then-Principal Scott Milzcewski suggested Marder take a sick day before placing her on leave due to a “line-of-duty injury.”
In her April op-ed for USA Today, Marder reflected on the intense experience, revealing that she was offered the option to transfer to another school but ultimately chose to stay. “Many of my students hugged me and apologized for what had occurred,” she wrote, as was indicated in The New York Daily News report. Her decision to return to the classroom stemmed from a belief that dialogue with her students was essential. “I had to make them understand the context of my post and why it was posted when it was. I had to listen,” Marder explained. This desire to promote understanding and address students’ fears and confusions, despite the trauma she faced, underscores her deep commitment to fostering open communication within the school.
The New York Daily News reported that the DOE and other spokesmen declined to comment on the lawsuit, while Chancellor David Banks acknowledged the incident in a May congressional hearing on anti-Semitism in public schools. Banks, who is an alumnus of Hillcrest High School, condemned the students’ actions as anti-Semitism but also sought to contextualize their response, attributing their behavior to the emotional impact of witnessing suffering in Gaza on social media. Banks stated, “I condemn clearly what happened at Hillcrest as a complete act of anti-Semitism. It will not stand on my watch.” He also testified that a “number” of the protest’s organizers were suspended as a consequence.
Marder’s case has drawn attention to the broader issue of how schools should handle incidents of antisemitism, particularly in politically charged environments. Her decision to stay at Hillcrest High School and engage in open dialogue with her students after the protest illustrates her resolve to counter misinformation and prejudice. However, the lawsuit raises critical questions about the DOE’s responsibility in protecting its staff from harassment and its approach to addressing anti-Semitic incidents in schools. As this case progresses, it may set important legal precedents regarding the city’s obligations to safeguard educators in similar situations.
