Penn State, Black professor settle federal lawsuit that alleged racial discrimination

Penn State and an anti-racism advocate who is one of the university’s most vocal critics finalized a settlement to resolve a federal lawsuit that alleged racial discrimination, attorneys wrote in a status report sent Monday to a judge.

Terms of the settlement between Errol A. Henderson, who is Black, and the university were not released.

Henderson left the university effective Dec. 31 to “pursue other opportunities,” university spokeswoman Lisa Powers wrote in an email. He was an associate professor of political science.

Messages were left with Henderson’s attorneys.

Henderson — the first Black tenured professor in Penn State’s political science department — took aim in April at the university’s “embarrassing lack of diversity within the department faculty and its students.”

The lawsuit made public some of Henderson’s criticisms that date back to 2010. Penn State, attorney Stephen G. Console wrote, has failed to support Black professors.

The longtime professor authored an op-ed titled “Being Black at Penn State” that was published by The Daily Collegian — the student newspaper — in January 2019. It contained more than 1,200 words and was replete with descriptions of discrimination from his nearly two decades at Penn State’s flagship campus.

Weeks later, Henderson wrote he was told some of his white colleagues complained he created a racially hostile work environment.

He was disciplined in May 2019 after the university found he repeatedly named specific members of the department during faculty meetings when he raised issues of perceived racist actions.

The sanctions included a two-year ban from participation on departmental committees, a ban from all departmental meetings and events, a prohibition on teaching during the 2019-20 school year and a requirement that he take remedial teaching courses to improve his classroom performance.

“Unfortunately, Dr. Henderson’s experiences at Penn State — including being subjected to hostile treatment because of his race and his complaints of race discrimination, being stonewalled from being promoted, and being falsely accused of creating a hostile work environment — have not occurred within a vacuum,” Console wrote. “Penn State’s discriminatory and retaliatory actions towards him are a symptom of the cancer of racism that is pervasive at Penn State, as evidenced by the overwhelming data gathered from Black professors who simply want equitable treatment on campus.”

Penn State denied the allegations in a 79-page response, writing the university’s actions were “taken in good faith and for legitimate, non-discriminatory, and non-retaliatory reasons.”

Penn State, attorney Sarah E. Bouchard wrote in her June response, is “committed to building an inclusive, diverse, and respectful environment for the thousands of faculty, staff, and students in its community.”

“Increasing diversity and sustaining an environment of inclusion and respect are key to Penn State’s ability to deliver on its values and provide its community with the best educational and work environment possible,” Bouchard wrote. “Understanding the importance of diversity and inclusion, Penn State encourages the members of its community, including Plaintiff, to speak up and engage in productive discussions that help Penn State advance these priorities.”