Oral arguments are scheduled for Thursday in Zack De Piero’s lawsuit against Pennsylvania State University, alleging the public institution subjected him to a racially hostile work environment and retaliated against him after he objected to diversity trainings.
De Piero, a former English professor at the public university’s Abington campus, filed the lawsuit in 2023. Mountain States Legal Foundation Senior Attorney James Kerwin, who is representing De Piero, told The College Fix the case is scheduled to be argued at the Third Circuit Court of Appeals this Thursday.
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A district court dismissed the professor’s case last year, ruling that De Piero did not present “sufficient evidence” to support his First Amendment claims. However, he and his attorneys appealed.
The appeal argues that the lower court erred by failing to properly recognize that Penn State’s alleged actions could constitute unlawful discrimination, retaliation, and violations of De Piero’s constitutional rights.
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The lawsuit alleges Penn State’s diversity, equity, and inclusion trainings and race-based grading practices created a hostile work environment and amounted to racial discrimination.
De Piero, who is white, claimed that certain trainings and communications portrayed white faculty negatively and pressured instructors to adopt race-based viewpoints in teaching, which he argued amounted to racial discrimination and retaliation when he objected.
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The case alleges former Assistant Provost for Educational Equity Alina Wong “expressed her intention to cause Penn State’s white faculty to ‘feel the pain’ that George Floyd endured” during a 2020 video conference with faculty, according to the lawsuit.
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