Former Michigan Law Prof Fights Alleged Gay Bias

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Labor & Employment

Former Michigan Law Prof Fights Alleged Gay Bias

Posted Dec 20, 2007, 03:09 pm CDT
By Martha Neil

A cutting-edge breach-of-contract case brought by a former law professor denied tenure at the University of Michigan could have an impact on gay bias claims and education law nationwide, depending on its outcome.

Because there is no law in Michigan protecting employees from discrimination on the basis of sexual orientation, and the university's anti-discrimination policy isn't legally binding, Peter Hammer's protest of what he views as a clearly discriminatory 2002 tenure vote had to take a different legal tack, according to Bloomberg and Inside Higher Ed.

So the openly gay health law and Southeast Asia expert, who is now a tenured law professor at Wayne State University in Detroit, has filed a state court breach-of-contract claim over his tenure denial. The decision, he contends, was infected by anti-gay bias violating university assurances that formed part of his employment contract, and he is seeking reinstatement and back pay.

Before he accepted the Michigan job in 1995, he was assured that his sexual orientation wouldn't be a problem, Hammer tells Bloomberg. But, in fact, he believes, anti-gay bias permeated the process, costing him crucial votes required to win tenure. The 18-12 tally fell two votes short of what he needed.

"He was induced to take the job because of the same-sex benefits and nondiscrimination policy at the school, and turned down other offers because he relied on that,'' explains Barbara Nevin, a lawyer at Milavetz, Gallop & Milavetz in Minneapolis. Nevin is watching the legal action with interest from the sidelines. "He has a case,'' she tells the news agency.

Michigan officials declined to discuss the case, but have said in pleadings that Hammer's scholarship, not anti-gay bias, tipped the scales in favor of denying him tenure. Additionally, the Inside Higher Ed article points out that the unusual case raises a troubling issue by litigating over alleged personal views of faculty members making tenure decisions.

Links to many pleadings in the case are provided by the Hammer v. University of Michigan law blog.

A hearing is scheduled next month, at which the university is expected to ask a state Court of Claims judge in Ingham County for a dismissal after almost three years of litigation and some $200,000 spent in defense costs. The case is Hammer v. Board of Regents of the University of Michigan, No. 04-241-MK.

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Posted by Me - 6 months, 2 weeks, 1 day, 23 hours, 19 minutes ago

Interesting… One of my law professors, a gay individual, is currently guest teaching at UM. Not to mention the fact that one of his (many) areas of study is GLBT issues. Don’t think he would have been asked to go teach there if there was some kind of gay bias. This guy was probably denied tenure because his scholarship sucks.
Posted by J. - 6 months, 2 weeks, 1 day, 21 hours, 52 minutes ago

Yep, just a crappy, pathetic teacher.

It’s sad when incompetent people find it worthwhile to create racial, sexual, etc. turmoil when there’s a chance to get money.

He had better be damn sure that he was booted because of orientation; if not, he’s just creating unnecessary conflict.
Posted by WSU alum - 6 months, 2 weeks, 1 day, 7 hours, 16 minutes ago

Truly impressive that both of you were able to reach such profound conclusions about the professor’s qualifications from this article (apparently without bothering to look at the CV at http://wayneoutlaws.org/hammer_v_umich/background/).
Posted by me - 6 months, 2 weeks, 1 day, 6 hours, 49 minutes ago

Actually WSU alum… it’s not. Generally people are denied tenure because their scholarship isn’t up to par. If anything, most top law schools like UM have a left-leaning slant, so it would be FAR more likely that a Christian professor who believed that being gay was unacceptable would be denied tenure rather than a professor because he was gay. It also defies logic that UM would ask a professor whose scholarhip deals extensively with GLBT to teach there if there was some kind of gay bias. Personally I think discrimination based on sexual orientation is every bid as unacceptable as racial discrimination, but in this case I just have to question whether this guy is really a victim or just disappointed.
Posted by UM Law Grad - 6 months, 2 weeks, 1 day, 6 hours, 18 minutes ago

Actually, “me” if you think that UM’s tenured faculty makeup is left leaning, and that would have harmed Hammer, you don’t know Michigan Law. The upper tier of tenured profs are very conservative, the group as a whole just toes the PC line because they have to in the otherwise leftist university. Sure, you get some nobodies teaching from a left leaning position, but they aren’t the big hitters with the endowed chairs.
Posted by Me - 6 months, 2 weeks, 1 day, 5 hours, 20 minutes ago

Really, that’s interesting and contrary to what I’ve heard, but as I don’t go there, I’ll take your word for it. If true that would seem like the exception to most top law schools.
Posted by A=) - 6 months, 1 week, 3 days, 5 hours, 43 minutes ago

Fascinating story and even more interesting dialogue here! I just hope UM has EPL insurance to cover this.

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