Ohio professor's lawsuit over DEI objections advances to jury trial

An Ohio court has allowed Professor Scott Gerber’s lawsuit against Ohio Northern University to proceed, alleging wrongful termination for opposing the university's diversity, equity, and inclusion (DEI) policies.

The lawsuit claims Gerber was targeted for his libertarian views and objections to alleged illegal hiring practices.

An Ohio court recently denied Ohio Northern University’s (ONU) motion to dismiss a lawsuit against a professor who alleged he was wrongly terminated for opposing diversity, equity, and inclusion (DEI) policies and practices at the school.

The decision was made by Judge Jonathan P. Hein in September and will allow Professor Scott Gerber’s wrongful termination lawsuit to proceed to a jury trial.

“This order from the Court certainly vindicates what Dr. Gerber has been saying for over a year,” Nicholas Barry, America First Legal Senior Counsel, which is representing Professor Gerber in the lawsuit, said in a statement about the judgment. “He was wrongly terminated, defamed, and targeted because of his objections to ONU’s illegal DEI hiring practices. We look forward to proving this to a jury next year.”

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The original lawsuit, filed in a county pleas court in Ohio earlier this year, describes Professor Gerber as a libertarian and an “opponent of racial, gender, and ethnic preferences in hiring.”

“This puts Dr. Gerber dramatically out of step with the politics of academia generally and defendant Ohio Northern University in particular,” the lawsuit states. “Dr. Gerber should be free to argue for his heterodox views. After all, Ohio Northern purports to value academic freedom.”

Previously, Dr. Gerber was a tenured professor at ONU, according to the lawsuit.

“In 2023, Ohio Northern University and certain of its employees decided to terminate Dr. Gerber’s employment, motivated by a desire to retaliate against him based on his unpopular views and his raising concerns about illegal conduct — including racially discriminatory hiring — at the University,” the complaint asserts.

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The lawsuit details how, in April 2023, the university had Professor Gerber removed “from his classroom in the presence of students.”

“They escorted him to the office of Dean Charles H. Rose III, a defendant in this case, who told Dr. Gerber that he must either resign or face termination proceedings,” the lawsuit alleges. “After Dr. Gerber refused to resign, the University commenced termination proceedings against him.”

The lawsuit explains that Professor Gerber filed the complaint in the hopes of “restoring his reputation” and “regaining his employment.”

Campus Reform has contacted Ohio Northern University for comment. This article will be updated accordingly.