The 2020-2021 academic year at the University of Denver Sturm College of Law witnessed the non-renewal of the seven-year contract of Professor David Schott, transforming him into an at-will employee of the institution. As a result, Schott alleged reverse sex discrimination and sued the university, claiming a lack of procedural protections he would have been entitled to as part of DU’s long-term contract faculty, on account of his sex.
According to Schott’s allegations, Viva Moffat, the associate dean of academic affairs, expressed a preference for seeing more “friendly faces, faces of minority women, preferably African-American women,” a contention that Moffat wanted fewer white men associated with the advocacy program. The ABA Journal further reported on the matter.
Schott maintains that Moffat later informed him of gender discrimination reports within the Center for Advocacy, an accusation he considered unfounded.
For verification, he requested a formal hearing. However, his request was declined, and he was instead handed a ‘statement of expectations,’ detailing five actions steps necessitated due to the alleged gender discrimination. Yet, Schott is adamant about the baselessness of these accusations.
This case, currently filed in a Colorado state court, constitutes Schott’s second lawsuit based on these facts. He accuses the University of Denver of defamation, breach of contract, sex-based wage discrimination under the Equal Pay for Equal Work Act, Colorado wage law violations, and gross negligence.
However, the early days of this year witnessed the dismissal of a similar discrimination lawsuit filed by him in federal court. District of Colorado Judge Christine M. Arguello dismissed the case on January 4th, explaining the absence of a ‘materially adverse’ action concerning Schott’s employment as her rationale. He was neither terminated, had his pay reduced, nor did he seek any medical treatment. Additionally, the university approved merit raises for him in the years following the 2016 allegations and his contract nonrenewal.
The professor’s legal team has announced their intention to appeal Judge Arguello’s decision.
Stay updated on further developments in this case here.