Recently, an 84-year-old college professor was fired after more than 80 of his 350 students signed a petition alleging that the number of withdrawals from the course was indicative of a failure by the university’s Chemistry Department to provide them with the tools and resources necessary to succeed. Instead of addressing this issue directly, the university fired the professor. Educators and other members of academia have begun to question the current standards by which students are held. Some educators believe that schools of every level, from primary to higher education, have relaxed their grading policies too much and that students are not being required to perform at high levels. 

Can the professor be fired for seemingly not giving out enough A's and B’s? The Civil Rights Act of 1964, along with the Equal Educational Opportunities Act of 1974 (EEOA), protects students and others from discrimination on the basis of race, color, national origin, sex, religion, age, and disability which are all considered to be protected classes. Institutions receiving financial assistance from the Federal government are subject to compliance with all Federal discrimination laws and may lose funding or other Federal assistance if they are found to be in violation of them. 

Discrimination claims require three factors to be successful, namely: (1) identifying that the individual is part of a protected class; (2) the individual suffered an adverse action; and/or (3) the discrimination was the result of disparate treatment, disparate impact, or retaliation. Disparate treatment is defined as intentional behavior or targeting of an individual, whereas disparate impact deals with the unintentional results of a particular behavior or practice. Retaliation is an adverse action taken against someone for being part of a protected class or engaging in protected activity. A complainant or plaintiff, must show that there is a causal link between the alleged discriminator’s action or policy and the adverse action against them. From there, the burden switches to the opposing party to provide a legitimate reason for their actions. 

Here, there has been no indication that the professor either intentionally or unintentionally discriminated against specific students in his courses. Federal law also protects employees of educational institutions from adverse or negative employment actions such as termination without apparent good cause or overly harsh consequences following an alleged violation of policy. 

If you suspect that you or someone you know has faced discrimination in school, work, or other setting, please contact an attorney at your earliest convenience.