The United States Court of Appeals for the Seventh Circuit rejected a professor’s claims that a university violated Title VII of the Civil Rights Act of 1964 (“Title VII”) and the First Amendment to the United States Constitution when it allegedly denied tenure because she reported sexual harassment to the university on behalf of a student and discussed shortcomings of the university’s sexual harassment policy.

The Court affirmed the dismissal of plaintiff’s Title VII claim. It concluded that, because the student was not an employee of the school, there was no unlawful employment practice prohibited by Title VII.  The Court noted that there was no “suggestion in the complaint that in supporting the student, [plaintiff] was opposing unlawful employment discrimination, and therefore engaging in statutorily protected activity.”

Plaintiff’s claim that the university retaliated against her for engaging in protected speech under the First Amendment met a similar fate. The Court ruled that, “When a public employee speaks on matters pursuant to employment duties, that speech is not protected under the First Amendment.”  Plaintiff alleged that she made the report because she believed it was her job to do so.  The Court concluded that she had not provided a plausible basis for her argument that she was speaking as a citizen, and not an employee of the university, when she reported the harassment of the student.

The Court noted, “We have not ruled on whether allegations of retaliation against faculty who support students in bringing sexual harassment claims to university officials could state a claim for retaliation under Title IX” because the plaintiff did not make this argument.

Hatcher v. Board of Trustees of Souther Illinois University and Kimberly Kempf-Loenard, No. 15-1599 (7th Cir. July 14, 2016).

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Photo of Kathryn Montgomery Moran Kathryn Montgomery Moran

Kathryn Montgomery Moran is a principal in the Chicago, Illinois, office of Jackson Lewis P.C. She has extensive litigation experience in individual and class action cases in state and federal courts and administrative agencies.

When disputes cannot be resolved by agreement or dismissed…

Kathryn Montgomery Moran is a principal in the Chicago, Illinois, office of Jackson Lewis P.C. She has extensive litigation experience in individual and class action cases in state and federal courts and administrative agencies.

When disputes cannot be resolved by agreement or dismissed on technical

grounds, Kathryn tries cases before juries, judges, administrative law judges and arbitrators. She has successfully defended employers accused of the following: age, sex, race, disability and national origin discrimination, sexual harassment, retaliatory discharge, ERISA violations, Family and Medical Leave Act violations, defamation, fraud, tortious interference, infliction of emotional distress, breach of contract, and wage and hour violations.

Kathryn handles matters in state and federal courts around the country, the Equal Employment Opportunity Commission, the Illinois Human Rights Commission, and other government agencies.

While Kathryn loves trials, she understands that not all of her clients share that passion. Her philosophy is to determine at the outset what her client’s goals are—be it early resolution, saving money, avoiding adverse publicity of defending a principle. She then takes whatever steps are necessary to achieve those goals. In some situations, the client’s interests are best served by mediating a case immediately and arriving at a settlement. In other cases, the client’s aims are best achieved by a jury trial.

Kathryn also counsels clients about a wide variety of matters with a view to avoiding costly litigation. This proactive approach helps clients avoid disputes and legal fees.