Becky Spengler v. Cooperative Educational Service Agency 7

Holding: The Seventh Circuit affirmed summary judgment on the Title VII and Equal Protection claims but remanded the case for further proceedings on the First Amendment claim regarding belief-based retaliation.
Vote: Panel Decision
Practical effect: Employers may not be liable for adverse employment actions taken against employees who refuse to adopt specific ideological beliefs, provided the action is not motivated by race. However, public employers cannot retaliate against employees for their personal beliefs.

The Seventh Circuit affirmed summary judgment on claims of racial discrimination and retaliation but remanded a First Amendment claim regarding belief-based retaliation. The court found no evidence that the employer's actions were motivated by the plaintiff's race.

Background

In 2018, Becky Spengler was hired as an Integration Director for Cooperative Educational Service Agency 7. In 2022, the employer declined to renew her contract in that role because she refused to commit to an equity mindset that she believed required white people to accept they were naturally racist. She sued alleging violations of Title VII, the Equal Protection Clause, and the First Amendment.

The court’s reasoning

The court analyzed the racial discrimination claims under Title VII and the Equal Protection Clause, finding that Spengler presented no evidence that her race caused her demotion. The court noted that the employer would likely have removed an employee of color for the same refusal to adopt the equity mindset. Regarding the First Amendment, the court held that the First Amendment protects public employees from discharge based on their beliefs and that the complaint provided fair notice of this claim, even though the district court had not previously considered it.

What it means going forward

Employers may not be liable for adverse employment actions taken against employees who refuse to adopt specific ideological beliefs, provided the action is not motivated by race. However, public employers cannot retaliate against employees for their personal beliefs.