Penn Law prof's discrimination claims 'do not pass the plausibility test,' judge says in tossing her suit
A law professor suspended and reprimanded for remarks that “demeaned and denigrated racial minorities” can’t pursue her discrimination lawsuit in federal court, a federal judge in Philadelphia ruled last week.
Remarks by controversial professor Amy Wax of the University of Pennsylvania Carey Law School aren’t protected by antidiscrimination laws, according to an Aug. 28 decision by Senior U.S. District Judge Timothy J. Savage of the Eastern District of Pennsylvania.
Wax had alleged that the school discriminated against her based on her status as a white Jewish woman and based on the content of her speech. But those claims aren’t actionable, according to Savage.
“We conclude Wax has failed to allege facts that show that her race was a factor in the disciplinary process and there is no cause of action under federal antidiscrimination statutes based on the content of her speech,” Savage wrote.
Both of Wax’s claims are based on allegations that she was treated differently than other University of Pennsylvania employees who were never disciplined for speech she considers antisemitic, Savage said.
But the seven people she identifies as being treated differently for their speech “are not comparators” because they did not speak about race as she did, Savage said. All but one commented on issues surrounding the Israeli-Hamas conflict.
While some of the other people’s remarks may have been unprofessional and potentially offensive, they were not antisemitic, the judge said.
“In sum, her allegations, accepted as true, do not pass the plausibility test,” Savage said. “Conclusory statements are not substitutes for facts. Subjective beliefs are not facts.”
Savage also declined to keep jurisdiction over Wax’s state law claims for breach of contract and false light invasion of privacy.
The university determined in September 2024 that Wax should be suspended with half pay and full benefits for the 2025-2026 academic year. The school also imposed a public reprimand, revoked her named chair position and blocked summer pay “in perpetuity.”
The school cited several alleged comments by Wax, including that the United States would be better off with more whites and fewer nonwhites, that women are on average less intellectual than men, that Black people have “different average IQs” than people of other races, and that people in same-sex relationships are selfish and not focused on family or community.
Reuters and Law360 are among the publications with coverage.
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