Pennsylvania State University’s agricultural program is facing a lawsuit from a professor who alleges that the school did not nominate her for a promotion because she did not “exceed” diversity, equity, and inclusion (DEI) requirements. The professor, Molly Kelly, is an award-winning wine expert and former Enology Extension Specialist at Virginia Polytechnic Institute. According to the lawsuit, Kelly was denied a promotion twice for not expressing commitment to the university’s “DEI orthodoxy.”
“[Kelly’s] professional record is exemplary—she has secured significant grant funding, developed innovative educational programs, and made substantial contributions to Pennsylvania’s wine industry,” reads the lawsuit.
“Yet Penn State denied her promotion to Extension Educator Level 5—twice—not because of any deficiency in her professional performance, but because she failed to demonstrate sufficient ideological commitment to the University’s prescribed DEI orthodoxy.”
Although Kelly conducted outreach to LGBTQ organizations and Greek Orthodox–owned businesses, the University’s promotion committee did not recognize these activities as qualifying for DEI training. According to the lawsuit, the committee determined that Kelly had merely “checked the box” and had not truly made an effort to learn from the diversity training.
Reilly Stephens, Senior Counsel for Molly Kelly and Director of Amicus Practice at the Liberty Justice Center, claimed that Penn State has crossed a “constitutional line” in failing to promote the professor.
“When universities punish educators for failing to conform to the dictates of DEI, they cross a constitutional line,” stated Stephens.
“Dr. Kelly declined to bend to the ideological coercion that has overtaken our public universities, and we are proud to represent her in asserting her rights.”
As reported by Fox News, Penn State had originally been in hot water for mandating DEI requirements on faculty as far back as 2021, when the university included a preference in job applications for applicants who could demonstrate their commitment to “anti-racism and anti-oppression.”
Faculty requirements, such as those at Penn State, are not uncommon at many public universities. CriticalRace.org has identified several public institutions that openly mandate professors to have a commitment to DEI initiatives to receive promotion.
At the University of Oregon, faculty are required to submit a statement that includes a “discussion of contributions to institutional equity and inclusion” when being considered for promotions or tenure.
In 2024, the Union of Pitt Faculty at the University of Pittsburgh “signed off on guidance…related to implementing community-engaged scholarship and diversity, equity and inclusion work in promotions and tenure decisions.”
As many public universities move to incorporate DEI requirements into faculty promotion criteria, the outcome of this case could shape the future of such policies.
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