The case is Balk v. New York Institute of Technology, a summary order decided on March 23. One day, plaintiff met with students who were going to visit New York City. During that meeting, the students complained, plaintiff "gave examples about democracy that insults our religious beliefs and as a professor he should realize that the words he said about our Prophet Mohammed peace be upon him are very sensitive and will never be the definition of democracy." Plaintiff testified that he did admonish the students that "when they go to the west to be able to understand why people might feel uncomfortable with them." He also described a "hypothetical walk down the street where you would pass a mosque or a church, I remember thinking maybe it was Episcopalian where there was a gay congregation and you might see within that church their iconography, their words on the wall where prophets and Gods would be gay."
Plaintiff then began to fear for his safety and moved to Jordan, aware that he was under criticism in that part of the world. The college, meanwhile, decided that plaintiff could not return to Bahrain to teach. The college then declined to renew his contract or offer him a job at its other campuses.
The Court of Appeals (Chin, Lohier and McMahon [D.J.]) agrees with the district court plaintiff has no discrimination case. Plaintiff claims he was fired by deferring to the discriminatory animus of its Muslim students and its faculty members." Such a theory of discrimination exists, but it does not work here, the Court of Appeals says, because the college had good reason to end the employment relationship: he was removed from the Bahrain campus because the college thought it was unsafe for him to remain there and there was no other positions available for him at NYIT. The Court reasons:
Balk himself expressed concern about his safety. Whether there was a basis for their accusations or not, students complained that Balk had used words with them that were ʺextremely rude, humiliating, disrespectful and full of clear racism.ʺ Balk acknowledged using words that some certainly could have found offensive. Again, whether they were accurate or not, articles were published reporting that a professor at a private university had engaged in blasphemous conduct, and Balk acknowledges that, although he was not named, he was widely believed to be the professor in question. As a reasonable jury could only find, these circumstances created an unsafe environment for Balk.