Penn State, Professor Settle Racial Discrimination Lawsuit

Penn State and a former professor who accused the university of racial discrimination have settled a federal lawsuit, according to documents filed this week in the U.S. Middle District Court of Pennsylvania.

Terms of the settlement between the university and Errol Henderson, who was an associate professor of political science at Penn State for more than 20 years, were not disclosed. Henderson left the university at the end of December “to pursue other opportunities,” Penn State spokesperson Lisa Powers said.

Henderson, who is Black, filed the lawsuit in 2021, alleging that in response to his complaints about racism at Penn State he was disciplined and denied a promotion to full professor.

Attorney Stephen Console wrote that as early as 2010, Henderson “formally complained about the racially hostile work environment and Penn State’s poor engagement with individuals, such as himself, who raise concerns about diversity, inclusion and discrimination.”

Henderson said he raised issues about Penn State’s failures to recruit Black students and faculty as well as “unprofessional and biased” comments made by other faculty members and administrators, but that no action was taken. A department head allegedly told Henderson she would not recommend him for tenure because of “purported deficiencies in [his] classroom skills and performance,” and refused to provide funds for his two latest books, actions Henderson says were retaliation for raising complaints.

In January 2019, Henderson, wrote an op-ed published in the Daily Collegian titled “Being Black at Penn State,” in which he recounted discriminatory experiences he has had during his time at Penn State.

After its publication, Console wrote, Henderson was informed by Penn State’s Affirmative Action Office that “certain white colleagues had complained that he created a racially hostile work environment for them.” He later received a formal letter of discipline charging him with violating the university’s policy on discrimination and harassment after an investigation concluded he referred to specific members of the political science department during meetings and other forums when he raised issues “regarding perceived racist actions and practices.”

As a result, according to the lawsuit, he was prohibited from teaching any classes for the 2019-20 academic year, required to take remedial teaching courses and banned from departmental meetings and committee service for two years.

Henderson also took issue with a June 2020 letter from Penn State President Eric Barron to the community in which Barron wrote about concerns of racism in the university community and a commitment to making changes. Barron subsequently announced a series of initiatives to combat racism.

The concerns and actions in response echoed what Henderson had been expressing for years, Console wrote.

“Instead of supporting Dr. Henderson’s prescient views that are now being championed by the institution, Penn State disciplined him, convicted him of creating a racially hostile work environment and effectively placed him on the bench for two years and stifled his ability to move into a leadership position at Penn State,” Console wrote.

In an amended complaint filed last April, Henderson — the university’s first, and until the fall of 2019 only, tenured Black political science professor —alleged that institutional racism at Penn State “has resulted in an embarrassing lack of diversity within the [political science] department faculty and its students.”

“Unfortunately, Dr. Henderson’s experiences at Penn State – including being subjected to hostile treatment because of his race and his complaints of race discrimination,
being stonewalled from being promoted, and being falsely accused of creating a hostile work environment – have not occurred within a vacuum,” Console wrote. “Penn State’s discriminatory and retaliatory actions towards him are a symptom of the cancer of racism that is pervasive at Penn State, as evidenced by the overwhelming data gathered from Black professors who simply want equitable treatment on campus.”

University attorney Sarah Bouchard wrote in an answer to the complaint filed last June that all actions taken against Henderson were not discriminatory or retaliatory. They were, she wrote, “based on bona fide factors and justified by legitimate business reasons not related to Plaintiff’s race, color or any purported complaints of discrimination.”

“Penn State is committed to building an inclusive, diverse and respectful environment for the thousands of faculty, staff and students in its community,” Bouchard wrote. “Increasing diversity and sustaining an environment of inclusion and respect are key to Penn State’s ability to deliver on its values and provide its community with the best educational and work environment possible. Understanding the importance of diversity and inclusion, Penn State encourages the members of its community, including Plaintiff, to speak up and engage in productive discussions that help Penn State advance these priorities.”

A “complete settlement” was reached following private mediation in December, according to the joint stipulation of dismissal filed on Monday. U.S. District Judge Matthew Brann formally ordered the case dismissed on Tuesday.