In Spengler v. Cooperative Educational Service Agency 7, the Seventh Circuit affirmed the dismissal of a public employee’s racial discrimination and retaliation claims under Title VII and the Equal Protection Clause but revived the employee’s First Amendment claim. The employee claimed that the public employer’s demand that she adopt an “equity mindset” constituted racial discrimination against white people and applied unfairly to white employees. She also claimed that her demotion was retaliation due to her beliefs. The court found that while the policy and demotion did not amount to racial discrimination, the First Amendment claim was remanded to the trial court for further proceedings.
The employee, a white special education cooperative administrator, claimed that her employer’s adoption of an “equity mindset” policy racially discriminated against white people because it presumed that all white people are racist and was more demanding on white employees than employees of color. The equity mindset policy required employees to examine their personal biases and to help dismantle racist educational systems.
After several refusals by the employee to follow this policy, the employer informed her that it would not renew her contract unless she agreed to adhere to the policy and refrain from pushing back against it. When the employee refused to do so, the employer demoted her. She claimed that the demotion violated the First Amendment because employers are prohibited from discharging public employees based on their beliefs. The lower court dismissed the employee’s discrimination claims and declined to consider the First Amendment claim because it found that she failed to sufficiently plead the claim.
The Seventh Circuit held that the employee failed to prove racial discrimination because the policy applied equally to all employees and never suggested that all white people are racist. The employee also did not show that the demotion was due to her race. Since no discrimination was proven, the court dismissed her discrimination and retaliation claims.
However, the court also held that her First Amendment claim should have been considered because the employer had fair notice of the claim. The court remanded the case for further consideration on the First Amendment claim.
The Seventh Circuit’s decision is consistent with Title VII law but is a reminder that school districts must keep First Amendment considerations in mind when disciplining staff for their arguably protected speech.
Source:
- Spengler v. Cooperative Educational Service Agency 7, No. 25-2532, 2026 WL 1968062 (7th Cir. July 8, 2026)
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