By Lindsay E. Raber, Esq.

The State of Connecticut has in place a particularly comprehensive, sweeping statutory scheme (collectively the Connecticut Fair Employment Practices Act[1]) that outlines the prohibition of discriminatory practices in employment on a variety of bases:

Race, color, religious creed, sex, age, gender identity or expression, marital status, national origin, ancestry, present of past history of mental disability, mental retardation, learning disability or physical disability, including but not limited to blindness.[2]

LGBT individuals enjoy recognized protections under State workplace discrimination law.[3] Furthermore, there are additional federal laws through which an aggrieved party may seek recourse.[4] Thus, under Connecticut law, employers, including school districts, cannot refuse to hire or discharge an employee on any of the above bases.

What happens, however, if an aggrieved party alleges that he or she was not hired because of his or her political beliefs and advocacy? Such is the case of Teresa Wagner, who sought to teach law courses at the University of Iowa College of Law (UI). A staunch conservative Republican and UI alum, Ms. Wagner “previously worked for the National Right to Life Committee, which opposes abortion and euthanasia, and the Family Research Council, which takes conservative positions on social issues.”[5] At the time Ms. Wagner applied for two legal research and writing positions at UI, she was “already working part-time at the law school’s writing center” and “had received positive reviews” for her performance in that capacity.[6] She did very well during the interview process and “her application was well received by the Committee.”[7]

On the other hand, the law school faculty “is viewed as being liberal. Only one out of 50 professors is a registered Republican.”[8] In an email to the dean of UI, the associate dean wrote:

Frankly, one thing that worries me is that some people may be opposed to Teresa serving in any role in part at least because they so despise her politics (and especially her activism about it).[9]

In addition, Ms. Wagner’s “primary, vocal opponent to hiring her” was a professor who “had clerked for Justice Blackmun during the time Roe v. Wade was written, has written tributes to Justice Blackmun and his abortion jurisprudence, and has published legal articles advocating a pro-choice viewpoint on abortion.”[10]

Subsequently, a job offer was extended to an adjunct legal research and writing instructor who was less qualified and “portrayed himself as a liberal to other employees at the Writing Center.”[11] The second position remained unfilled, and Ms. Wagner received word that she was not being hired. She filed a civil rights lawsuit in federal court, alleging UI’s dean discriminated against her in violation of the First Amendment’s right to political speech and association. However, the district court granted summary judgment in favor of UI, thus dismissing the case, citing qualified immunity protection.

However, on appeal, the Eighth Circuit Court of Appeals reversed, finding that “[t]he district court erred in finding that qualified immunity protects [UI’s dean] from liability in her individual capacity.” As the Court noted in part, “[UI’s dean] had several indications that Wagner’s political beliefs and associations may have played a role in the faculty’s hiring process.”[12] Despite such notice, the UI dean failed to hire Ms. Wagner, and her “position as a supervisor does not shield her from liability.”[13]

The trial in this case has already begun, and it will be interesting to see the results. Though Connecticut does not recognize political affiliation as a protected class in discrimination cases, no doubt the outcome of this case may result in widespread implications if the courts find in Ms. Wagner’s favor.

If you are the victim of discriminatory practices and treatment in the workplace, it is imperative that you consult with an experienced employment law practitioner. The lawyers at Maya Murphy, P.C., assist clients in Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, and Westport. If you have any questions, please do not hesitate to contact Attorney Joseph C. Maya. He may be reached at Maya Murphy, P.C., 266 Post Road East, Westport, Connecticut (located in Fairfield County), by telephone at (203) 221-3100, or by email at JMaya@mayalaw.com.

[1] Connecticut General Statutes § 46a-51 et seq.

[2] Connecticut General Statutes § 46a-60(a)(1).

[3] Connecticut General Statutes § 46a-81c.

[4] See, e.g., Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA).

[5] “Lawsuit Pits Political Activism Against Campus Diversity,” by Adam Liptak. January 9, 2012: http://www.nytimes.com/2012/01/10/us/sidebar-lawsuit-against-iowa-law-school-pits-activism-against-diversity.html

[6] “Trial starts in liberal bias lawsuit against former University of Iowa law dean,” by Chris Minor. October 16, 2012: http://wqad.com/2012/10/15/trial-starts-in-liberal-bias-lawsuit-against-former-university-of-iowa-law-dean/?hpt=ju_bn5

[7] Wagner v. Jones, No. 10-2588 at 3 (8th Cir. Ct. June 16, 2011).

[8] Id.

[9] Id. at 7.

[10] Id. at 6.

[11] Id.

[12] Id. at 19.

[13] Id. at 22.