Court Denies Motion to Dismiss Allen Harris’ Case, De Piero v. Penn State University

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Allen Harris’ case, De Piero v. Penn State University, was recently featured by Conor Friedersdorf in The Atlantic. De Piero, who is white, was a professor of composition at Pennsylvania State University Abington. His complaint alleged discrimination on the basis of race due to a constant drumbeat of so-called “diversity, equity, and inclusion” training and indoctrination as well as pressure to skew grading on the basis of race instead of merit. This was touted as “social justice” in the name of “equity.” As alleged in the complaint, Penn State defined equity as equalizing results across racial lines rather than evaluating student performance.

In a decision by Judge Wendy Beetlestone of the Eastern District of Pennsylvania, an Obama appointee and black immigrant to the United States from Nigeria, the court rejected the University’s motion to dismiss. Judge Beetlestone held that that “the way these conversations are carried out in the workplace matters: When employers talk about race—any race, with a constant drumbeat of essentialist, deterministic, and negative language, they risk liability under federal law.” De Piero may now proceed with his case.

To read more about the decision, simply click here.