FAIR Appeals Federal Court's Dismissal of De Piero v. Penn State Discrimination Case
Newsletter
Dear Friends of FAIR,
FAIR is proud to announce that we have filed a comprehensive appeal with the United States Court of Appeals for the Third Circuit, in partnership with Mountain States Legal Foundation, on behalf of former Penn State Abington professor Zack De Piero. This appeal challenges the Eastern District of Pennsylvania's dismissal of De Piero’s groundbreaking civil rights lawsuit against Pennsylvania State University and its administrators.
De Piero’s case represents a critical intersection of academic freedom and civil rights law in higher education. A dedicated writing professor who worked extensively with underserved students, De Piero joined Penn State Abington in 2018 committed to helping all students, particularly those from underprivileged backgrounds, master essential writing skills. Instead, he encountered systematic racially discriminatory conduct that ultimately forced his resignation.
This case raises fundamental questions about whether universities can subject faculty to mandatory “antiracist” training that explicitly targets individuals based on race, and whether institutions can retaliate against faculty who question such practices.
Initially, U.S. District Judge Wendy Beetlestone recognized the validity of De Piero’s claims, denying Penn State's motion to dismiss in January 2024. Judge Beetlestone acknowledged that workplace discussions of race cross legal boundaries when conducted “with a constant drumbeat of essentialist, deterministic, and negative language.”
However, in March 2025, the same judge granted summary judgment for Penn State, concluding the documented incidents were neither “severe nor pervasive” enough to establish a hostile work environment. This ruling dismissed De Piero's claims before they could reach a jury, a decision that FAIR believes fundamentally misapplies civil rights precedent.
The evidence reveals troubling race-based discrimination beginning almost immediately upon De Piero's arrival. University-mandated sessions required faculty to view materials like “White Teachers Are a Problem” and directed professors to ensure students understood that “white supremacy manifests itself in language and in writing pedagogy.”
When De Piero filed a bias report through Penn State's prescribed channels, an Associate Director of the Affirmative Action Office allegedly told him “There is a problem with the White race” and directed him to continue attending antiracist workshops “until you get it.”
The discrimination escalated when De Piero questioned race-based grading practices designed to ensure “consistent grades for students across color lines.” His supervisor allegedly instructed him to “assure that black students can find success in our classrooms” and modify his teaching to accommodate racially essentialist approaches. When he raised concerns during an October 2021 faculty meeting, asking for clarification about apparent requests for differential treatment based on race, he was immediately subjected to bullying and harassment complaints.
Retaliation was swift and systematic. De Piero's faculty evaluation was downgraded, specifically citing his “aggressive, disruptive, unprofessional” conduct for questioning antiracist initiatives. University administrators monitored his performance and warned they would continue doing so. Faced with an impossible working environment, De Piero resigned in August 2022.
De Piero’s appeal challenges three fundamental errors in Judge Beetlestone’s ruling:
First Amendment Retaliation: The district court dismissed De Piero’s free speech claims, ignoring Supreme Court precedent protecting public employees’ right to speak on matters of public concern, particularly in academic settings where faculty speech deserves heightened protection.
Hostile Work Environment Standards: The court’s ruling essentially immunizes universities from civil rights liability by setting an impossibly high bar for “severe or pervasive” discrimination, contradicting established legal standards.
Statutory Retaliation: The court erroneously dismissed federal and state retaliation claims by applying an artificially narrow definition of “adverse employment action” that ignores the cumulative impact of discriminatory conduct.
Unfortunately, De Piero’s experience is not isolated. FAIR has documented similar cases nationwide where faculty face discrimination and retaliation for questioning mandatory DEI programming that crosses the line from promoting inclusion to mandating ideological conformity. As De Piero’s legal counsel James Kerwin observed, these cases represent a new form of discrimination applying the same civil rights laws that protected previous generations. The Civil Rights Act's protections apply to all individuals regardless of race.
Colleges and universities nationwide have implemented increasingly aggressive DEI initiatives that often rely on racial essentialism rather than genuine inclusion efforts. If institutions can discriminate against faculty based on race, whether through mandatory “antiracist” programming or retaliation for questioning such programs, fundamental principles of academic freedom and equal treatment are at risk.
The Third Circuit now has the opportunity to clarify crucial questions about civil rights law, academic freedom, and institutional DEI practices. De Piero’s appeal process will take several months, with Penn State filing their response and potential oral arguments. This case is positioning itself as a landmark decision that could reshape how courts analyze discrimination claims in academic settings.
This case exemplifies FAIR’s core mission: defending the principle that individuals should be treated with dignity and equality regardless of race, and that academic institutions should foster genuine intellectual diversity rather than ideological conformity. De Piero’s courage in challenging discriminatory practices deserves our support.
The stakes could not be higher. This appeal will significantly influence how universities approach diversity initiatives and whether faculty retain the fundamental right to question institutional policies without facing discrimination and retaliation.
As we continue this important work, we remain grateful to our members and supporters who make our advocacy efforts possible. We rely on your generous support to continue our legal challenges to discriminatory practices across the nation and promote fairness and equal treatment for all Americans. Please consider making a tax-deductible donation today. Together, we can build a society where individuals are judged by their character and qualifications rather than by immutable characteristics.
Thank you for standing with FAIR in our ongoing mission to protect and defend universal equality!
With gratitude,
Monica Harris
Executive Director
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Investing in this event offers unparalleled value: hear directly from frontline professionals navigating these politically-charged waters; gain a deeper understanding of a field at a crossroads; and learn how to break the cycle of an ideologically-captured field of practice. Don’t miss this chance to be informed and empowered to support mental health reform in Colorado—secure your spot now!
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Interesting that FAIR is the full drop-in replacement for ACLU.
I don’t even think the academic angle is interesting - it’s simple hostile work environment with racial harassment - under Title VII of the Civil Rights Act of 1964.
I don’t understand why Lawyers are not instituting class action John/Jane Doe lawsuits. Penn State has an employee base of roughly 30,000 which means that probably 27,000 have been through “these races are bad” indoctrination.
It’s not too hard.
I know what you mean. Been there too...
https://unbekoming.substack.com/p/the-institutional-suppression-of?
https://unbekoming.substack.com/p/heresy
https://unbekoming.substack.com/p/suspension-when-silence-becomes-policy