On Monday, a federal jury dismissed a lawsuit filed against Emporia State University on accusations of racism and retaliation by a former professor. On Wednesday, the judge that presided over that trial ruled in favor of the professor’s wife, also a former ESU employee, on grounds of retaliation.
US District Court Judge Daniel Crabtree ruled the university’s decision to not renew Angelica Hale’s temporary employment appointment and also fail to choose her for a full-time position qualified as retaliation for reporting a racial slur on a notebook found several years ago.
Hale and her husband, Melvin, were both employees in the School of Library and Information Management when the racial slur was discovered in April 2015. Melvin Hale reported the incident to former dean Gwen Alexander, and later the couple presented their concerns to Provost David Cordle. The Hales also filed a hate crime complaint to ESU Police and Safety, but the department concluded there was no crime.
As this was developing, Angelica Hale was nearing the end of her third temporary appointment as a recruiting coordinator. Cordle decided not to offer her a fourth appointment and she resigned shortly after that decision.
Both Angelica and Melvin Hale filed separate $10 million lawsuits in 2016. While a jury dismissed Melvin Hale’s complaint Monday, Judge Crabtree said Angelica Hale was “engaging in a protected activity” when she complained about the slur by showing a good-faith belief that she opposed discrimination, both because of the term used and the fact she brought her concerns to Alexander and Cordle. Crabtree says ESU’s employment decisions regarding Angelica Hale after her complaint were “materially adverse actions.”
Crabtree awarded Angelica Hale $1 and said she could recover court costs, although she cannot recover attorney fees or punitive damages. Angelica Hale now has 30 days to submit brief on whether front pay, back pay or reinstatement are appropriate, and ESU will then have 30 days to respond.
The Hales have not commented on either ruling. ESU spokesperson Gwen Larson says the university is reviewing the Angelica Hale ruling with its attorneys. Regarding the Melvin Hale verdict, the university says it is “pleased with the outcome and is grateful to the judge, jury and to the attorneys from the Kansas Attorney General’s Office who have invested time and energy on this case. ESU is committed to, and is continually focused on, creating an inclusive and welcoming environment for all.”
Click here for Monday’s story on the Melvin Hale v. ESU verdict.
