A Palestinian careers adviser who was allegedly directed to stop wearing a keffiyeh at a Sydney government school because it was a symbol that “may cause discord” has lodged a racial discrimination case in the federal court against the state of New South Wales.
Wasim El-Haj, a former careers adviser at Sydney Girls High School – an inner-city selective government school – alleges the then acting principal told him in ۲۰۲۴ that the keffiyeh was seen as a symbol of conflict. He alleges the state’s conduct is unlawful for breaching the Racial Discrimination Act.
El-Haj began wearing the keffiyeh – a traditional scarf linked to the struggle for a Palestinian state for decades – at school in January ۲۰۲۴, three months after Hamas’ ۷ October attacks and Israel’s subsequent war on Gaza.
His statement of claim, filed in the federal court last month, alleges Geoffrey Denyer, the then acting school principal, met with him on ۱۵ May ۲۰۲۴ and said words to the effect of “I have been directed to direct you to remove this item of clothing”, indicating to El-Haj’s keiffeyh.
Denyer also said words to the effect of the direction had come “from above, possibly from the minister” and that action would be taken if El-Haj did not comply, the statement of claim alleges.
In an email sent the same day, after El-Haj requested the issue be laid out in writing, Denyer outlined the terms of the direction he had received.
“Consistent with the Department’s Controversial Issues and Code of Conduct policies, the staff member in question should be given clear advice, from you, that this item of clothing should not be worn at school, nor in the performance of any duties in connection with his employment. That advice should be complied with immediately,” the email said.
“It is understandable that, in such times as these, feelings and emotions are strong. However, our schools need to remain free of symbols which stir these emotions, and which may cause discord.”
El-Haj alleges that in a further conversation with Denyer he said words to the effect of “any symbol of Palestine is seen as a symbol of conflict”.
In August ۲۰۲۴, El-Haj met with Maria Serafim, a NSW Department of Education official, who detailed six anonymous concerns, including that he had worn a symbol of “partisan conflict” by wearing the keffiyeh, the statement of claim alleges.
An internal complaint El-Haj made about the direction did not lead to its withdrawal. The careers advisor appealed the decision about the complaint to the secretary of the NSW Department of Education, Murat Dizdar.
Responding to this, Dizdar upheld the school’s decision. In a letter to El-Haj in February ۲۰۲۵, he recognised the keffiyeh “is a garment of cultural significance for the Palestinian community” but said the department did not want to compromise the “safety, wellbeing and security in all our school communities”.
“Unfortunately, our schools are not immune to external events, such as the ongoing conflict in the Middle East, with the tragic loss of innocent lives,” he said.
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“Regrettably, within our school communities, some individuals and groups may seek to politicise global conflicts or others may form that perception, and as such we always remain politically neutral in public schools when such events can impact on operations.
“It is with this context that the senior officers and the school advised you to not wear the keffiyeh to school.”
El-Haj took leave from his employment from May ۲۰۲۴ until the end of the year and resigned from Sydney Girls High School in March ۲۰۲۵.
El-Haj alleges the state of NSW has engaged in unlawful conduct under section ۹(۱) of the Racial Discrimination Act.
The state of NSW is yet to file its defence in the federal court.
The matter is due to be next heard for a case management hearing on ۳ November, federal court records show.
A spokesperson for the NSW Department of Education said it was “committed to maintaining neutral and apolitical school environments, in line with its policies.”
Guardian Australia understands the department is not able to make further comments while the matter is before court.
