In June 2024, the Centers for Medicare and Medicaid Services (CMS) internally distributed a video as part of its "Coffee With" series. The episode featured Ronza Othman, director of the EEO Compliance Group within CMS's Office of Equal Opportunity and Civil Rights. Othman, an attorney who is blind and uses a white cane, discussed her hobbies and professional role.

Two Jewish CMS employees (the plaintiffs) alleged that the video, in which Othman wore a keffiyeh scarf displaying images at its ends, constituted "severe, pervasive, and unwelcome harassment" based on national origin and religion. They claimed the symbols on the scarf advocated violence against persons of Jewish heritage and the destruction of Israel. The plaintiffs also circulated an open letter to CMS management expressing that Othman's "choice of attire" was "deeply disturbing, offensive, and appalling," arguing it deterred those offended from seeking EEO guidance.

However, in the case Openden v. Kennedy, decided by Judge Adam Abelson (D. Md.), the court found that the plaintiffs did not allege facts sufficient to establish that Othman was their supervisor or that HHS failed to take prompt remedial action after notice of the alleged harassment. The court also noted that the plaintiffs did not claim the keffiyeh itself was offensive but focused on the images on the scarf.

The Department of Health and Human Services argued that the plaintiffs failed to provide facts supporting that the alleged harassment occurred due to their religion. The court dismissed the complaint on these grounds without reaching the religious discrimination argument.

The EEO Compliance Group described Othman's attire as "deeply disturbing, offensive, and appalling," especially given her official capacity in the video, and expressed concern about its impact on employees seeking EEO counseling.

Judge Abelson's ruling means the video does not meet the legal standard for actionable workplace harassment.

Sources