Kenneth L. Marcus
September 1, 2018 · brandeiscenter.com ↗
As OCR head, Marcus used a Rutgers/ZOA case to embrace IHRA for Title VI, later praised EO 13899 directing agencies to consider IHRA examples in civil-rights enforcement.
Why It’s Conflation
Marcus ran the Education Department’s civil-rights office. In 2018 he began using the IHRA definition in discrimination cases. One of its examples is calling Israel "a racist endeavor." Once that’s an official example, a sentence said in a classroom can become a federal complaint.
What Actually Happened
IHRA examples include "claiming that the existence of a State of Israel is a racist endeavor" and "applying double standards."