College professors occupy a unique position in American society. They are expected to challenge conventional thinking and foster intellectual debate. Yet these very activities can put them at odds with institutional administrators, the college or university’s Board of Trustees, or political opinion. When professors face adverse employment actions because of their speech, scholarship, or advocacy, they may find themselves navigating a complex web of constitutional protections, statutory safeguards, and contractual rights.

College or university faculty members who believe their rights have been violated should speak with the employment discrimination attorneys at Madsen, Prestley, & Parenteau, LLC. Our dedicated team of attorneys represents professors in a wide range of workplace discrimination lawsuits.

What Are Examples of Retaliation Against College Professors?

Retaliation against college and university professors can take many forms, including denial of tenure, reassignment to less desirable courses, exclusion from committees, reduction in research support, or, in extreme cases, termination. The motivation behind these actions varies and may include disagreements over curriculum content, public statements on controversial issues, research findings, or advocacy on behalf of students and colleagues. Regardless of the cause, college professors must understand their rights and the laws that protect them.

What Legal Protections Are Available to College Professors Facing Retaliation?

College professors are protected against retaliation by a range of overlapping laws. The specific legal protections and available remedies depend on whether the professor works for a public or private institution and on the nature of the retaliatory conduct.

First Amendment Protections for Professors at Public Institutions

Professors at public colleges and universities benefit from the protections of the First Amendment. Connecticut law extends this protection to professors at private colleges, as well. Courts have long recognized that academic freedom is of special concern and that college and university professors should expose students to a wide range of ideas, some of which they might disagree with or find offensive. This issue is especially acute in today’s volatile political climate, particularly for professors who express views on controversial subjects or whose classes touch on political issues. When professors express their opinions on matters of public interest, courts must balance the professor’s right to comment versus the institution’s interest in promoting workplace efficiency and fulfilling its educational mission.

Title IX

Title IX is a federal civil rights law that prohibits sex-based discrimination, including discrimination based on sexual orientation and gender identity, at federally funded educational institutions. Because most educational institutions receive public funding, the law applies to almost all colleges and universities. It protects professors who are being harassed or denied professional opportunities based on their sexual orientation, or who have been accused of creating a hostile environment based on the way they addressed a controversial subject in class.

Employment Discrimination

Federal anti-discrimination laws protect professors against workplace discrimination regardless of whether they work for a public or private institution. Title VII of the Civil Rights Act prohibits discrimination against employees who file complaints or participate in investigations that involve discrimination based on race, color, religion, sex, or national origin.

Whistleblower Protections

Professors who make good faith reports on violations of the law, threats to public health and safety, or other misconduct may be protected under federal and state whistleblower statutes. For example, the False Claims Act protects individuals who report fraud and waste involving federal funds. Professors who report sex-based discrimination or violations of federal grant requirements may be protected under Title IX. The Occupational Safety and Health Act (OSHA) protects individuals who report workplace safety concerns.

Tenure Disputes

Professors who are denied tenure based on gender, race, age, or other protected characteristics face complicated legal issues that do not often arise in other employment disputes. Colleges and universities generally have broad discretion in deciding whether to grant tenure. However, in some circumstances, denial of tenure can be challenged as retaliation, particularly if the decision violates contractual obligations or was influenced by discriminatory practices.

In the matter of Craine v. Trinity College, Madsen, Prestley, & Parenteau successfully established the legal principle that professors can enforce the terms of the faculty handbook in a claim for breach of contract involving the denial of tenure.

How an Academic Lawyer at Madsen, Prestley, & Parenteau Can Help

Madsen, Prestley, & Parenteau represents professors in workplace discrimination matters. Our attorneys practice extensively in the area of workplace discrimination law and exclusively represent individuals and employees.