On March 12, the Ninth Circuit issued a decision dismissing the appeal filed by Professors Sunil Kumar and Praveen Sinha against California State University. The professors originally filed claims challenging CSU’s inclusion of “caste” in its non-discrimination policy, and they appealed the dismissal of those claims to the Ninth Circuit. Importantly, the Court dismissed each claim in this appeal on procedural grounds, without ruling on the merits of the professors’ claims. In doing so, the Ninth Circuit specifically held that the District Court made an error in dismissing the professors’ Free Exercise claim on the merits.
This decision is very limited. The Ninth Circuit has not decided the ultimate issue of whether CSU’s inclusion of “caste” in its non-discrimination policy violates its South Asian and Hindu faculty and students’ constitutional rights.
This outcome hinges on standing, a technical requirement for plaintiffs to move forward with a lawsuit. Because the professors challenged this discriminatory policy before it was enforced, it was more difficult for them to show that they had been concretely harmed by the policy.
“Going forward, there is nothing preventing a future lawsuit against CSU’s enforcement of this policy, because we’re certain it will be nearly impossible for CSU to enforce it without singling out its South Asian and Hindu community for disparate treatment,” said Suhag Shukla, Executive Director of the Hindu American Foundation. “We’re obviously disappointed that this policy stays on the books, stigmatizing South Asians generally and Hindus specifically,” she continued.
Samir Kalra, Esq., HAF’s Managing Director, added that the Foundation remains concerned for South Asian and Hindu students and faculty at CSU who remain in a double-bind. “Essentially, they must be careful to self-censor to avoid violating this vague policy, but not challenge the policy until they are hit with a more severe penalty under it.”
This case was litigated by Fox Rothschild LLP, through attorneys Michael Twersky and John Shaeffer, with Hindu American Foundation Executive Director Suhag Shuka, Esq., and Managing Director Samir Kalra, Esq. serving as Of Counsel.
