LAKEWOOD, Colo. (August 13, 2025)—Mountain States Legal Foundation (MSLF) has filed an appeal to the U.S. Court of Appeals for the Third Circuit on behalf of former Penn State professor Dr. Zack De Piero, based on the University’s racially hostile work environment and retaliatory punishment when he spoke out.
A career educator who began teaching English in Philadelphia’s inner-city schools, Dr. De Piero joined Penn State Abington in 2018. By 2020, faculty trainings were consumed by divisive ideology claiming that “white teachers are a problem” and that traditional writing standards were “white supremacy.”
When Dr. De Piero questioned the legality of these practices and their harm to students, Penn State responded with formal complaints, poor evaluations, and professional isolation—driving him to resign in 2022.
Dr. De Piero’s lawsuit alleges violations of Title VII of the Civil Rights Act, 42 U.S.C. § 1981, the Pennsylvania Human Relations Act, and his First Amendment rights. While the district court initially allowed his hostile work environment claims to proceed, it later ruled against him entirely on summary judgment—without letting a jury even weigh the evidence in the case. MSLF’s appeal challenges those rulings, arguing that no public university can degrade employees based on race, or punish them for dissent.
“For too long, public employers have gotten away with demeaning and discriminating against white employees under the banner of so-called ‘anti-racism,’” said MSLF Senior Counsel James Kerwin. “Professor De Piero’s lawsuit shows that, no matter what you call it, discrimination is discrimination. It is wrong, and it is against the law.”
The appeal asks the Third Circuit to reinstate Dr. De Piero’s claims, award damages, and reaffirm that education must be rooted in equal opportunity and free expression—not compelled belief or racial discrimination.
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Mountain States Legal Foundation is a nonprofit, public-interest legal firm established in 1977. MSLF is dedicated to individual liberty, limited and ethical government, and the benefits of the free enterprise system. MSLF defends its clients through pro bono litigation and seeks victory for its clients at the highest level possible to establish binding legal precedents to benefit millions of Americans. Through its litigation and public discourse, MSLF educates the American public on the threat unrestrained government presents to our liberties. Learn more at mslegal.org
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