Penn moved to dismiss a racial discrimination lawsuit filed by University of Pennsylvania Carey Law School professor Amy Wax in a motion Wednesday.
Penn's March 12 memorandum cited Wax’s history of “unprofessional and offensive comments in the media and the classroom,” along with her failure to provide a legal basis for her claims. The document also noted that none of Wax’s “allegations state a plausible claim for relief.”
Wax’s 53-page complaint — which she filed on Jan. 16 in the United States District Court for the Eastern District of Pennsylvania — contended that the University’s speech policy broke several federal laws. The lawsuit alleged that Penn violated Titles VI and VII of the Civil Rights Act of 1964, the former of which prohibits racial discrimination for programs that receive federal funding and the latter of which prohibits racial discrimination in employment.
The suit also alleged that Penn is in violation of the Americans with Disabilities Act by “failing to accommodate reasonably — or even minimally — Professor Wax's then-ongoing cancer treatments," as well as the University faculty contract that gives employees protection under the First Amendment.
Wax’s complaint primarily disputed sanctions that the University placed on Wax and upheld in September 2024 following her history of discriminatory remarks and two years of disciplinary proceedings.
After receiving reports from students, faculty, and staff regarding Wax’s public remarks, Penn Carey Law’s dean initiated the process for disciplinary action — including a hearing — as prescribed in Penn’s Faculty Handbook.
Following the hearing, former Penn President Liz Magill reviewed the produced report and accepted the recommended sanctions, which included a one-year suspension at half pay, the removal of Wax’s named chair, and a requirement for Wax to note in public appearances that she is not speaking on behalf of Penn Carey Law.
Wax’s lawsuit described the sanctions — which were referred to as “kangaroo-court-like procedures” — as a breach of her contract with the University. The suit claimed that the sanctions “were both grossly deficient and a wild departure from established norms governing academic discipline” and accused the University’s Speech Policy of discriminating "based not only on the content of speech but also the racial identity of the speaker.”
“White speakers are far more likely to be disciplined for ‘harmful’ speech while minority speakers are rarely, if ever, subject to disciplinary procedures for the same,” the suit read.
Wax also described a false light invasion of privacy — a common law claim when a person is wrongfully portrayed in an inaccurate or misleading way. The suit referred to the University’s reports of Wax’s statements as “cherry-picked, misrepresented, or outright misstated.”
In response to Wax’s suit, Penn’s Board of Trustees moved to dismiss the case, arguing that Wax failed to state and support her claims.
The University declined to comment on its attempt to dismiss the lawsuit.
In the memorandum accompanying the motion, the University reiterated Wax’s unprofessional behavior, including her comments that “the United States is better off with fewer Asians” and that “no one should have to live in a dorm room with a gay roommate.”
The University’s memorandum also addressed Wax’s breach of contract claim, emphasizing that “she identifies no contractual obligation that the University failed to fulfill.”
The memorandum similarly refuted Wax’s assertion that she was a victim of racial discrimination by the University, writing that Wax’s complaint “half-heartedly pleads” that Wax, “as a white Jewish person, was singled out for discipline because of her race” without any factual support.
The University also argued against Wax’s claim that she was placed in a false light.
On March 14, Wax filed a separate motion for a preliminary injunction to prevent the University from implementing a suspension for the 2025-26 academic year, which would require Wax to follow Penn’s speech policy and enforce new sanctions. Wax’s injunction also sought to restore her named chair position at the law school.
While describing the injunction, Wax alleged that the University’s actions harm her “reputation and continue to violate her civil rights” under federal law.
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