In recent years, a number of colleges and universities have added caste to their list of prohibited classifications under their anti-discrimination policies. Two Hindu professors at a public California university filed suit, alleging that the inclusion of caste in the policy violated their constitutional due process and freedom of religion rights. They argued that mentioning caste in the policy stigmatized Hindus and caused them to self-censor expressions of their religious beliefs.
In Kumar v. Koester, the Ninth Circuit affirmed dismissal of these claims. The court found that the policy was not aimed at Hindus and covered any religion or nationality with caste practices. In addition, the plaintiffs could not identify any religious practices prohibited by the policy. In their pleadings, the professors confirmed that caste discrimination is abhorrent and contrary to their Hindu beliefs. Any alleged association between Hinduism and caste discrimination was insufficient to constitute an actual injury.
When adopting anti-caste discrimination policies, employers often explain that these prohibitions are an extension of their existing ban on national origin or religious discrimination. To date, federal courts have not placed limits on employers' ability to prohibit caste discrimination among workers.
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