Lawsuit alleges race, sex discrimination
A former University of Colorado assistant professor is suing the university for sex and race discrimination and retaliation, alleging that CU paid her less than her colleagues and denied her tenure and a promotion because she is Latina.
Lupita Montoya was hired as a faculty member for CU’s College of Engineering and Applied Science in 2010. She specializes in the health effects of indoor air pollution, particularly on underrepresented and minority groups, and her research has highlighted the dangers of indoor air pollution for the Navajo Nation and Colorado nail salon workers.
Montoya was denied tenure in 2017 and — despite a systemwide committee finding “sufficient evidence of possible violations of rights and privileges,” procedural errors and inconsistencies in her case — she was given a one-year terminal contract to finish her work as a professor.
Montoya filed a complaint with the Equal Employment Opportunity Commission on the grounds that her application for tenure was treated with bias, but the case was dismissed in March, stating that “based upon its investigation, the EEOC is unable to conclude that the information obtained establishes violations of the statutes,” according to an EEOC dismissal and notice of rights form sent to Montoya.
Montoya filed a civil lawsuit against the University of Colorado in U.S. District Court on June 10, alleging sex and race discrimination and retaliation under the Civil Rights act and sexbased pay discrimination under the Equal Pay Act.
The complaint alleges that CU reduced her annual performance evaluations without cause, denied her resources like teaching assistance and lab funding, paid her less than her male and non-Latino peers, failed to follow policy during her tenure and promotion review, denied her tenure and a promotion because of her sex and race and compelled her to accept a pay cut and demotion in order to remain employed.
“CU’s actions toward (Montoya) were done knowingly and intentionally or with reckless disregard of her rights,” the complaint states.
In a statement, CU spokeswoman Melanie Marquez Parra said the university is reviewing Montoya’s case.
“We believe Dr. Montoya received a fair opportunity to be considered for tenure, and that those who considered her case did so fairly and without prejudice,” Parra said.
The lawsuit seeks a jury trial and relief in the form of reinstatement or front pay and benefits, back pay and benefits, compensation for emotional distress and mental anguish, attorney’s fees and more.
Since she was denied tenure, Montoya has been affiliated with the university as a research associate and was published in peer-reviewed journals and awarded a research grant from the Environmental Protection Agency.
Montoya said she hopes that by filing the lawsuit, she can bring to light systemic racism at CU:
“I think the specifics of how CU has treated me and my tenure case can be the case study that shows how racism actually works in academia.”