Al-Hasan v. Milwaukee School of Engineering

156 F. Supp. 3d 930, 2015 U.S. Dist. LEXIS 171321, 2015 WL 9451056
CourtDistrict Court, E.D. Wisconsin
DecidedDecember 23, 2015
DocketCase No. 14-C-0611
StatusPublished

This text of 156 F. Supp. 3d 930 (Al-Hasan v. Milwaukee School of Engineering) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Al-Hasan v. Milwaukee School of Engineering, 156 F. Supp. 3d 930, 2015 U.S. Dist. LEXIS 171321, 2015 WL 9451056 (E.D. Wis. 2015).

Opinion

DECISION AND ORDER

LYNN ADELMAN, District Judge

Abdelnaser J. Al-Hasan alleges that the Milwaukee School of Engineering (“MSOE”), his former employer, discriminated against him in violation of Title VII of the Civil Rights Act of 1964. Before me now is MSOE’s motion for summary judgment. See Fed. R. Civ. P. 56.

I. BACKGROUND

The plaintiff is Muslim and Palestinian. He earned his PhD in Mathematics from the University of Wiseonsin-Milwaukee (“UWM”). MSOE is a private, non-profit university located in Milwaukee, Wisconsin, which offers bachelor’s and master’s degrees in engineering, business, mathematics, and nursing. This lawsuit arises out of MSOE’s failure to promote the plaintiff from a part-time, adjunct position in MSOE’s mathematics department to a position on what MSOE calls its “full-time faculty.” MSOE does not have a tenure system, but its full-time faculty positions at the professor level (i.e., full-time positions that have the word “professor” in the title) are somewhat analogous to tenured positions. Full-time professors enjoy multi-year appointments, have a formal review process, and receive other job protections that are not available to part-time faculty. MSOE has a position entitled “Instructor” that is classified as a full-time faculty position, but those holding the Instructor position are not professors and do not enjoy multi-year appointments, participate in the review process, or receive the other protections afforded to full-time faculty at the professor rank. The plaintiff sought to be promoted to the full-time faculty at the professor level and was not interested in becoming an Instructor.

The plaintiff first applied to work at MSOE in January 2007. At that time, Dr. Karl David, the chair of the mathematics department, interviewed the plaintiff in person. Following the interview, David recommended to MSOE’s President and Vice President of Academics, who make the final hiring decision, that they hire the plaintiff as a part-time adjunct associate professor in the mathematics department. When he made the recommendation, David knew of plaintiffs race and national origin and knew that he was Muslim. The plaintiff was offered the position, and he accepted it and began teaching in the fall of 2007. At the time the plaintiff was offered the position, David told him that he expected the mathematics department to begin searching for a new full-time professor during the 2007-08 academic year. Accord[933]*933ing to the plaintiff, David told him that if he applied for the full-time position, he would have an advantage over the other candidates. However, David did not promise the plaintiff that he would get the position, and he informed him that the department would consider other candidates during its search.

In the fall of 2007, as David expected, the mathematics department began searching for a new full-time faculty member. The plaintiff submitted an application. As of that time, the mathematics department had just hired two other full-time professors, Dr. Ksenyia Fuhrman and Dr. Bruce O’Neill. Prior to becoming full-time professors, O’Neill and Fuhrman had both been part-time faculty at MSOE. Also, they both held PhDs from UWM. With the hires of Drs. Fuhrman and O’Neill, one-half of the full-time faculty in MSOE’s mathematics department had PhDs from UWM.

As indicated above, when hiring new faculty members, the mathematics department only recommends candidates to MSOE’s Vice President of Academics and its President. These two administrators make the final hiring decisions. During the time that the plaintiff worked for MSOE, the administrators always hired the candidate recommended by the department. However, after the department recommended Fuhrman and O’Neill, and the administrators approved their hire, the Vice President of Academics, who at that time was Dr. Roger Frankowski, sent an email to Dr. David in which he instructed David not to recommend anyone with a graduate degree from UWM to fill the next vacancy:

Karl:
The Math position was approved. However, please do not interview anyone from UWM — we need some people vfith different credentials in the department. Rog

Deck of Karl David Ex. A, EOF No. 44-1. Because of this instruction, David was forbidden from considering the plaintiff for the full-time vacancy in 2007. David then wrote the following email to Frankowski:

Any advice for telling Naser Al-Hasan, whom we hired part-time from UWM to fill the shortfall and who’s teaching a full load and volunteering for everything in sight in hopes of getting a permanent job here, to either accept being part time indefinitely or look for a permanent position?

Id. Dr. Frankowski responded, “[pjerhaps at some point in time when another UWM person, retires, I would re-open, but otherwise, I see the system as perpetuating itself.” Id. David then informed the plaintiff that he would not be considered for the open full-time faculty position because of Frankowski’s policy against hiring new faculty members with degrees from UWM.

During its search in 2007, MSOE’s mathematics department received applications from outside candidates who held PhDs from UWM. As was the case with the plaintiff, the mathematics department did not consider those applicants for the position. Eventually, the department recommended Dr. Chunping Xie for the position, who did not have any degrees from UWM. The Vice President and President approved his hire.

Following his disqualification from the 2007 search, the plaintiff continued teaching at MSOE on an adjunct basis. Although the plaintiff was classified as part-time faculty, he taught full-time course loads each semester.

In January 2008, the son of a math-department faculty member, Nancy Olmsted, died while fighting as a soldier in Iraq. Thereafter, the plaintiff felt “tension” in the department that he believed was directed at him because he was Arabian and Muslim. Al-Hasan Dep. at 88-89, EOF [934]*934No. 55-1. According- to the plaintiff, Dr. David was especially affected by the death of Olmsted’s son, and the plaintiff believes that David “made it his personal agenda” to prevent the plaintiff from becoming a full-time professor. Id.

The plaintiff contends that, at some point during his employment at MSOE, another math-department faculty member, Edward Griggs, told the plaintiff that he explained to other faculty members, including Dr. David, that the plaintiff was not an “extreme Muslim.” Al-Hasan Dep. at 92-95. The plaintiff was not present for the conversation with the other faculty members, and he does not know what prompted Griggs to explain to the others that the plaintiff was not an extreme Muslim. Id.

On June 17, 2010, Dr. David wrote an email to the campaign of then-Congressman Mark Kirk, who was a candidate for the U.S. Senate in Illinois. The subject line of the email stated “doing enough for Israel?” and the body stated as follows:

Congressman Kirk,
I just got an appeal to support your campaign for the Senate based on your strong support for Israel. You have indeed done a lot, but there’s still a lot more you could do! Shouldn’t you be campaigning for blank-check U.S.

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Bluebook (online)
156 F. Supp. 3d 930, 2015 U.S. Dist. LEXIS 171321, 2015 WL 9451056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/al-hasan-v-milwaukee-school-of-engineering-wied-2015.