Former Penn State Professor Stands Up Against Discrimination

Zack De Piero, PhD began working at Pennsylvania State University in August of 2018 as an English writing professor at the Abington campus.

Almost immediately upon the outset of his employment, Professor De Piero noticed a race-essentialism focus, which he feared would be harmful to his students, a majority of which were from minority backgrounds and ethnicities.

Professor De Piero was required to attend professional development meetings to view videos such as “White Teachers Are a Problem”, and was directed to “assure that all students see that white supremacy manifests itself in language and in writing pedagogy.” Incidents like these made it clear that Penn State harbored a bias against him based on his skin color. So he took the prescribed course of action and filed a bias report. The Penn State Affirmative Action Office quickly called Professor De Piero into a Zoom meeting where its Associate Director informed him that, “There is a problem with the White race” then directed him to continue attending antiracist workshops “until you get it.”

It became impossible for Professor De Piero to effectively perform his job duties. In August 2021, he was forced to leave a job he had prized and students he cared for deeply.

Professor De Piero has now filed suit against Penn State in federal court, alleging violations of his civil rights under federal and Pennsylvania law.

Professor De Piero is represented by FAIR Network Attorneys Michael Allen and Samantha Harris of Allen Harris Law.

UPDATES

On January 11, 2024, the United States District Court for the Eastern District of Pennsylvania denied Penn State’s motion to dismiss the discrimination claim against it by Professor De Piero. In her decision, the judge opined that: “Training on concepts such as ‘white privilege’, “white fragility’, implicit bias, or critical race theory can contribute positively to nuanced, important conversations about how to form a healthy and inclusive working environment [. . . ] But the way these conversations are carried out in the workplace matters: When employers talk about race—any race, [. . .] —with a constant drumbeat of essentialist, deterministic, and negative language, they risk liability under federal law.”

Professor De Piero’s case will now enter the discovery phase.

On August 13, 2025, FAIR filed a comprehensive appeal with the United States Court of Appeals for the Third Circuit on behalf of former Penn State Abington professor Zack DePiero, challenging the Eastern District of Pennsylvania’s dismissal of his civil rights lawsuit against Pennsylvania State University and its administrators. The case centers on allegations of race-based discrimination, retaliation, and violations of academic freedom, including mandatory “antiracist” training and pressure to adopt racially essentialist grading practices. Initially, Judge Wendy Beetlestone denied Penn State’s motion to dismiss, recognizing the potential validity of DePiero’s claims, but later granted summary judgment for the university in March 2025, finding the conduct insufficiently “severe or pervasive” to constitute a hostile work environment. FAIR’s appeal argues that this ruling misapplies civil rights law, raising three key issues: the dismissal of DePiero’s First Amendment retaliation claims, the overly narrow interpretation of hostile work environment standards, and the rejection of statutory retaliation claims through an unduly restrictive definition of adverse employment action. The appeal now moves to the Third Circuit, where the outcome could have significant implications for how discrimination, retaliation, and academic freedom are treated in higher education.

The appeal can be read below.

MEDIA

‘A Constant Drumbeat’ of Racial Essentialism

The Atlantic

DEI practitioners have a lot to learn from professor Zack DePiero’s lawsuit against Penn State

Forbes

Former Penn State professor Zack De Piero claims college said English language is ‘racist’

New York Post

Does DEI training discriminate against White people? Courts will decide.

Washington Post

READ THE LEGAL COMPLAINT

Zach-De-Piero-Complaint

READ THE APPEAL

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