NEW ORLEANS – An assistant professor at Xavier University of Louisiana alleges she was denied tenure based on her race and sex.
Plaintiff Charity Clay filed her 29-page lawsuit February 17 in U.S. District Court for the Eastern District of Louisiana.
She alleges Xavier, a private Catholic university in New Orleans, violated the Civil Rights Act of 1964. The Civil Rights Act is a federal law that prohibits discrimination based on race, color, religion, sex, or national origin.
Clay, who is black, began working at Xavier in 2018 as an assistant professor in its sociology department. She also served as the head of the crime and social justice concentration.
In her complaint, Clay points to former department head Dr. Amy Hite, a white female, and Dr. Russell Frazier, a male professor who previously served as head of the political science department. Frazier, who had not been a member of the sociology department, was appointed as the new department head in 2023.
“The combined conduct of Dr. Hite and Dr. Frazier, including racially insensitive treatment, bias against women in leadership, retaliatory evaluations, conflict-laden tenure review procedures, dismissal of supportive peer documentation, and refusal to mediate concerns, created an abusive and hostile working environment,” her filing states.
“The harassment was sufficiently severe and pervasive to alter the terms and conditions of Plaintiff’s employment. It culminated in negative evaluations, denial of tenure, damage to Plaintiff’s professional reputation, and the derailment of her academic career.”
Clay alleges she was pressured by Hite in 2019 to assume the role of department head. However, she was advised by Provost Anne McCall that she should obtain tenure first.
She claims she was warned the sociology department had “longstanding internal issues,” and a history of not granting tenure to black women during Hite’s leadership.
According to her complaint, Clay reported “multiple” complaints of racial discrimination to the university’s human resources – in March 2022, March 2023 and September 2023.
However, Xavier failed to conduct mediation, implement corrective measures, or “meaningfully investigate” the reported conduct, she alleges.
Despite Clay’s complaints, Hite eventually was appointed to the university’s Rank and Tenure Committee.
Clay contends this created a conflict of interest in her tenure review and “reinforced a racially hostile environment.”
She claims she was similarly warned about Frazier – a female faculty member allegedly told her he had a history of bias against women in leadership roles.
Clay alleges she expressed concerns about Frazier conducting her evaluation, given his recent appointment and limited familiarity with her work.
Ultimately, Frazier issued an “unfavorable” faculty assessment and declined to support her tenure promotion, according to the complaint.
“Dr. Frazier conducted this evaluation without observing Plaintiff’s classes, reviewing her teaching style firsthand, collaborating with her on committees, or engaging in substantive discussions regarding her teaching or research,” her filing states.
Clay contends her sex was a motivating factor in Frazier’s decision.
“Upon information and belief, similarly situated male faculty members were not subjected to the same irregular evaluation procedures, selective documentation review, or conflicted decision-making process,” her filing states.
Clay filed an appeal, but it was denied. She then appealed to Xavier’s president, who also denied her appeal and without providing a reason, she claims.
“As a direct and proximate result of Defendant’s unlawful conduct, Plaintiff suffered loss of career advancement, lost wages and benefits, emotional distress, humiliation, and damage to her professional standing,” the lawsuit states.
The university, Clay contends, failed to take action following her repeated complaints.
“Instead, it allowed the individuals about whom Plaintiff complained to participate in her evaluation and tenure process,” her filing states.
Clay seeks back pay, front pay, liquidated damages, punitive damages, general and special damages for lost compensation and benefits, pre-judgment and post-judgment interest, and attorneys’ fees.
She is being represented by The Minias Law Firm in New Orleans.
