Bloomberg, University of Michigan Law Professor Loses Race, Sex Bias Appeal:

The University of Michigan and a former dean of its law school defeated a Black female law professor’s bid to revive her race and sex discrimination lawsuit.

Laura Beny lacked evidence that the reasons given for issuing her a third disciplinary notice, which resulted in her pay being frozen and other consequences, weren’t honestly believed, a unanimous US Court of Appeals for the Sixth Circuit said Tuesday. Under the honest-belief doctrine, that meant Beny failed to back her prima facie showings by refuting the university’s explanation as a pretext for bias or retaliation, the unpublished opinion said.

Nothing suggested former Dean Mark West and other decision-makers didn’t believe Beny had abandoned her class or that they knew about her application for medical leave when they decided to discipline her, Judge Danny J. Boggs said. Also missing was any indication that they failed to make a reasonable and informed decision, as Beny had received two prior disciplinary notices, which warned that future transgressions could draw penalties. And “most of the misconduct cited by the third notice as reasons for Beny’s discipline is undisputed,” Boggs said.

Law.com, Michigan Law Professor Loses Appeal Against University in Discrimination Case

Prior TaxProf Blog coverage:

• Tenured Law Professor Sues University Of Michigan Alleging Racial- And Gender-Based Discrimination (Aug. 30, 2022)
• Judge Cuts Counts From Professor's Discrimination Suit Against Michigan Law School (July 13, 2023)
• Federal Judge Grants Michigan Law School Summary Judgment In Professor's Discrimination Lawsuit (Sept. 24, 2024)

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