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Chehade v. Foley and Lardner: A Court Refuses to Silence Palestinian Speech Beyond “Core Values”

4 months ago 34

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For Palestinians across the U.S. and beyond, the past few years have felt like an unrelenting suffocation: voices silenced, futures erased, belonging revoked — all without explanation or recourse, just the quiet cruelty of doors slamming shut. The message has been unmistakable: speak about Palestine, about occupation, about your own humanity, and you risk disappearing from professional life.


عربي, Hebrew, Русский, Español, 中文, Portugues, Français, Deutsch, Farsi, Italiano, 日本語, 한국어, Türkçe, Српски. And 40 more languages.


Since October 7, 2023, advocacy groups have documented hundreds of such cases across the United States. Palestine Legal reported receiving over 1,200 complaints of workplace discrimination related to Palestine solidarity in late 2023 alone, including 383 employment concerns and 124 terminations in just the first months. CAIR documented a surge in employment discrimination complaints — 1,201 in 2023 overall, rising to 1,329 in 2024 (the highest category in the organization’s 30-year history), with many tied to pro-Palestinian expression or identity.

But on January 26, 2026, something shifted in a Chicago federal courtroom. U.S. District Judge Sharon Johnson Coleman denied Foley & Lardner’s motion for summary judgment in the discrimination lawsuit filed by Jinan Chehade, a Palestinian-American Muslim lawyer.

The firm’s decision to retract Chehade’s offer was all the more consequential given the trajectory she had already established: as a recent Georgetown Law graduate who had completed a summer associate internship at Foley’s Chicago office, she had been professionally vetted, evaluated, and integrated into the firm’s recruitment pipeline.

The case will now proceed to trial, where a jury — not the firm’s leadership, not fleeting headlines — will weigh whether rescinding Chehade’s job offer because of her public support for Palestinians amounted to discrimination based on her ethnicity and religion.

Credit for this outcome belongs in no small part to Chehade’s lead veteran counsel Paul Vickery and co-counsel Rima Kapitan of Kapitan Gomaa Law, whose evidence-driven opposition brief dismantled Foley’s “core values” defense point by point — highlighting comparator disparities, policy vagueness, and stereotyping in the record. That work created the genuine disputes of material fact the court found “rife” throughout the case, forcing summary judgment denial and opening the door to a jury trial.

As Judge Coleman wrote in her 16-page memorandum opinion, “if the factual disputes described… are resolved in favor of Chehade, a jury could reasonably conclude that Chehade’s membership in a protected class caused her employment offer to be rescinded.” In other words: the case presents genuine, triable questions for a jury to decide.

The record shows evidence of disparate treatment — pro‑Israel, non‑Arab, non‑Muslim attorneys posting inflammatory views without consequence, while Chehade faced interrogation about her heritage, her father’s mosque ties, and her student activism. It shows the absence of any clear, consistently applied “core values” policy. And it raises serious questions about whether stereotypes about Arabs, Muslims, and Palestinians as inherently violent or threatening shaped the firm’s decision‑making.

For Palestinians and those who stand in solidarity with them, the denial of summary judgment in Jinan Chehade v. Foley & Lardner is a rare moment of visibility.

No one is claiming victory is assured. Juries are human and unpredictable. Powerful institutions — here, a major corporate law firm embedded in elite legal, corporate, and political networks — have deep resources, skilled counsel, and a structural advantage in controlling narrative framing: they can present discriminatory decisions as neutral, ethical, and policy‑driven, while marginalized individuals must prove prejudice through evidence rather than authority. Chehade may not win. But the public record — the court’s 2026 memorandum opinion, depositions, internal emails, and comparator evidence — lays out a compelling case of discrimination that a reasonable jury would be required to confront.

A jury could find Foley & Lardner LLP legally liable for employment discrimination under Title VII and the Illinois Human Rights Act based on the following evidence:

1. Comparator Disparity as Evidence of Pretext

Foley insists it rescinded Chehade’s offer because her statements “condoned” Hamas’s October 7 actions and demonstrated “poor judgment” misaligned with the firm’s “core values.” Yet the record shows pro‑Israel, non‑Arab, non‑Muslim attorneys making far more inflammatory, anti‑Palestinian statements without consequence.

Partner Max Chester posted that those who carried out the October 7 attacks — framed broadly as Palestinians and Hamas supporters — “must be liquidated as enemies of humankind” and their “evil vile ideology… eradicated.” Partner Dovi Alderstein wrote that Palestinians elected Hamas, must be “held accountable as a people,” and that concern for Gaza civilians is irrelevant — “in every war… innocent people die.” These posts were removed, but no reprimand, no rescission, no interrogation followed. An associate (“MJ”), posting pro-Palestinian content under a non-Muslim identifier, was merely counseled on social media policy.

Chehade, by contrast, faced rescission the evening before her start date — after posting statements that were later characterized by the firm as “condoning” violence, including language referring to Palestinians’ right to resist occupation and framing events in Gaza within the context of “75 years of dispossession, siege, and occupation.” She later clarified that she condemned terrorism and Hamas and was referring only to Palestinians’ legal right to resist occupation under international law.

The court itself noted:

“If non-Arab, non-Muslim attorneys were not evaluated against the same standards as Chehade for the same conduct, such that she was held to some separate, undefined standard, that could lead a juror to conclude that there was discrimination.”

This disparity constitutes classic evidence of pretext under Title VII. 

2. Absence of a Clear, Uniform Policy

The opinion states plainly that “any clear articulation of Foley’s ‘core values’ and social media policies is absent in the record.” No written rule defined what constituted “condoning violence,” and no uniform enforcement mechanism existed.

Yet Chehade was expected to apologize, issue a statement of empathy for October 7 victims that mirrored the firm’s preferred framing, explicitly disavow any language of resistance, and affirm alignment with the firm’s interpretation of its “core values” — demands not imposed on others. When a policy is vague and applied unevenly, it functions as a mechanism of selective enforcement. In legal terms, it becomes evidence of pretext rather than neutral governance.

3. Interrogation Rooted in Stereotypes and Ignored Clarifications

The October 22, 2023 meeting with partners Eileen Noller and Frank Pasquesi did not limit questions to Chehade’s statements. They probed her student activism in Students for Justice in Palestine, her community ties, and — most tellingly — her father’s employment at the Mosque Foundation. These lines of inquiry suggest that decision-makers viewed her through identity-based suspicion rather than conduct-based evaluation.

Internal emails from Managing Partner Stanley Jaspan went further, interpreting her words as defending Hamas and intending to “wipe out… the State of Israel and… kill all the Jews who are there,” analogizing her views to being “anti-Black” or endorsing lynching. This framing reflects a logic that equates Palestinian political expression with extremism.

Chehade’s clarifications were explicit: she condemned terrorism, condemned Hamas, and framed her statements as contextualizing resistance to 75 years of occupation — not endorsing civilian attacks. Meeting notes reflect that she was “cordial, polite… doesn’t condone terrorism… condemns Hamas terrorist activity.” Yet leadership maintained the accusation that she “condoned” violence.

When an employee repeatedly denies an accusation, provides clarifications, and the employer disregards those explanations while imposing punishment, the inference of pretext is legally strong.

4. Holistic Circumstantial Evidence

The sudden social media search of Chehade’s personal accounts by firm leadership (an unusual practice for Foley), internal divisions among leadership (some leaders wanted her to start; CEO Daljit Doogal ultimately decided otherwise), and fear expressed by other Arab American associates afterward — fear of surveillance, retaliation, and professional vulnerability — point to an institutional environment in which Palestinian and Muslim identity is uniquely punished.

As Judge Coleman emphasized:

“The essence of a discrimination case is that employers rarely admit an unlawful motivation… where there is circumstantial evidence of discrimination, the legitimacy of the employer’s explanation is put to the test. That is a task properly reserved for a jury.”

Under Title VII and the Illinois Human Rights Act, discrimination need not be overt; circumstantial evidence suffices. The evidentiary pattern here is consistent: Palestinian speech, when rooted in identity, is treated as disqualifying in ways other political speech is not. 

For Palestinians who have watched doors close without explanation, this case — surviving summary judgment and heading to trial — offers something rare: the possibility of accountability. It creates the conditions for a jury to name what has long operated as an open secret — the punitive professional cost of Palestinian advocacy in America.

The fight is not over. But the silence is broken. And that alone lifts the weight, even if only slightly, from shoulders that have carried it far too long.

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Rima Najjar is a Palestinian whose father’s side of the family comes from the forcibly depopulated village of Lifta on the western outskirts of Jerusalem and whose mother’s side of the family is from Ijzim, south of Haifa. She is an activist, researcher, and retired professor of English literature, Al-Quds University, occupied West Bank. Visit the author’s blog.

She is a Research Associate of the Centre for Research on Globalization (CRG).

Featured image: Jinan Chehade with counsel Rima Kapitan — bringing power to account (Source is the author)

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