Penn Carey Law professor Amy Wax threatens to sue University on basis of racial discrimination

University of Pennsylvania Carey Law School professor Amy Wax threatened to sue the University on the basis of racial discrimination and breach of contract if it refuses to drop sanctions against her.

In a letter to Interim Penn President Larry Jameson and the University Board of Trustees, Wax’s lawyers argued that the University’s speech policies are “inconsistent” and violate Titles VI and VII of the Civil Rights Act of 1964. These titles prohibit discrimination and employment discrimination based on race, color, religion, sex, and national origin. The lawyers also cited a federal code prohibiting racial discrimination. Furthermore, they claimed that the policies breach Pennsylvania contract law, noting that Wax’s contract with the University includes provisions safeguarding free speech.

A request for comment was left with Wax and her lawyers. A University spokesperson declined a request for comment.

Wax’s lawyers also claimed that the University punished her more strictly than other faculty members who have faced scrutiny for their controversial views and actions.

They cited Annenberg School for Communication lecturer and cartoonist Dwayne Booth’s cartoon that depicted the antisemitic trope of blood libel. The letter also referenced Penn Arabic Language lecturer Ahmad Almallah’s statements about Israel at a pro-Palestinian rally, as well as English and Cinema and Media Studies professor Julia Alekseyeva’s comments on the murder of UnitedHealthcare CEO Brian Thompson.

“These are but three examples of the University’s highly selective enforcement of its speech policies, as well as the moral rot that the University’s Administration and Trustees have permitted to fester,” Wax’s lawyers wrote. 

The sanctions against Wax — which were upheld by Penn in September — included a one-year suspension at half pay, the removal of her named chair, and a requirement for Wax to note in public appearances that she is not speaking on behalf or as a member of Penn Carey Law. The sanctions also marked the first time in recent history that a tenured University professor has been sanctioned through Faculty Senate procedures. 

In the past, Wax claimed that Black students never graduate at the top of the Penn Carey Law class and allegedly told a Black student that she was only accepted into the Ivy League “because of affirmative action.” In response, former Penn Carey Law Dean Ted Ruger barred her from teaching any mandatory first-year classes. 

Wax also faced criticism for publicly stating that she thinks “the United States is better off with fewer Asians and less Asian immigration” and for inviting white nationalist Jared Taylor as a guest speaker in her classes. 

The Philadelphia City Council called on the University to investigate Wax in January 2022. A hearing board created by the Faculty Senate eventually recommended major sanctions for Wax, which former Penn President Liz Magill later approved.