Federal judge sides with Penn State professor, allows lawsuit over ‘racist’ Critical Race Theory trainings

The lawsuit filed by a Penn State professor who says the university subjected him to “racist” Critical Race Theory trainings will move forward thanks to a federal judge’s ruling.

Eastern District of Pennsylvania Judge Wendy Beetlestone denied a motion to dismiss the lawsuit on Jan. 11.

As reported previously by The Lion, Penn State professor Zack De Piero filed the suit last summer, alleging his supervisor, Liliana Naydan, attempted to force faculty to “penalize students academically on the basis of race.” He also alleges she expressed the view that “racism practiced against white faculty and students is legitimate.”

When De Piero filed a complaint against Naydan, the suit says, “The director of the Affirmative Action Office told him that, ‘There is a problem with the white race,’ that he should attend ‘antiracist’ workshops ‘until you get it,’ and that he might have mental health issues.”

One of the workshops allegedly included a video titled, “White Teachers are a Problem,” which “associated ‘white supremacy’ with all the evils of the world.” 

Another workshop included a breathing session during which the white faculty members were encouraged to hold their breath longer than other faculty so they could “feel the pain” that the facilitator said George Floyd felt during his arrest. Yet another workshop included a video that allegedly declared “white English … kills people of color.” 

“De Piero and other faculty were thus singled out, caused to experience discomfort, and feel ‘the pain’ on the basis of their skin color,” the lawsuit argues. 

Ultimately, De Piero resigned under duress in August 2022, when he says he was told “dissenting from Penn State’s race-based dogma” would result in “disciplinary action.” 

In her ruling, Judge Beetlestone said talking about racism and its effects “does not violate federal law,” but how those discussions are held can violate the law. 

“When employers talk about race – any race – with a constant drumbeat of essentialist, deterministic, and negative language, they risk liability under federal law,” she wrote. 

Michael Thad Allen, an attorney for the Foundation Against Intolerance and Racism (the firm that filed the suit for De Piero), applauded the ruling. 

“The opinion is clear,” he said. “You cannot discriminate on the basis of race by wrapping up racist stereotypes as ‘anti-racist,’ which is what Penn State did to Zack De Piero.” 

The university has reportedly refused to comment publicly, citing ongoing litigation.