Monday, January 25, 1999
Fired UC exec renews court battle
University disputes bias claims
BY BEN L. KAUFMAN
The Cincinnati Enquirer
The University of Cincinnati's fired affirmative-action boss will renew his quest for vindication on Friday. John B. Johnson wants the U.S. Court of Appeals for the 6th Circuit to reinstate his civil rights suit and let him take his evidence before a jury.
He is the highest ranking UC executive to sue the school over discrimination issues.
“This case stems from UC's long history of discriminating against minorities and violating federal affirmative-action requirements mandated by the Office of Federal Contract Compliance and Programs,” says the brief filed by attorneys Marc D. Mezibov and Ted L. Wills.
UC attorneys John B. Pinney and Michael A. Roberts countered in their brief: “Contrary to the suggestions, innuendo and, at times, false statements repeated throughout Johnson's brief, the university has a good record in meeting its civil rights and affirmative-action obligations to its employees, its students and the community at large.”
They will give oral arguments before a three-judge panel Friday.
The pivotal issue is Mr. Johnson's freedom to speak out.
Not all speech is protectedby the First Amendment or modern anti-discrimination laws; comments that would be protected from retaliation if uttered at a Fountain Square rally might not be protected at work.
Mr. Johnson was vice president for human resources and human relations from mid-1993 through early 1996.
Much of his energy went into challenging what he said were inadequate or egregious affirmative action policies and practices.
He says he was fired for:
• Zealously advocating employment rights of women and minorities.
• Voicing doubts about President Joseph A. Steger's commitment to affirmative action.
• Warning that UC faced renewed federal intervention because of lax affirmative action programs.
• Filing a personal discrimination complaint against UC with the Equal Employment Opportunities Commission (EEOC).
All of that was protected by federal law from retaliation and his dismissal was illegal, according to Mr. Johnson's attorneys.
Mr. Steger says he fired Mr. Johnson for being an inept, disruptive human relations executive who also fouled up a crucial contract negotiation.
Moreover, Mr. Johnson's complaints were not protectedby anti-discrimination laws because the university's affirmative-action program was voluntary, according to UC attorneys.
“This case arises from Johnson's attempt to shift the blame to the university and its president for Johnson's own failings and inadequacies,” UC lawyers said. “As found by the district court, the record evidence gives him no support.”
In addition to UC and Mr. Steger, Donald C. Harrison, senior vice president and provost for health affairs, is a defendant.
U.S. District Judge Sandra S. Beckwith granted pretrial summary judgment to UC. That meant that Judge Beckwith assumed all of Mr. Johnson's claims were true and that there were no significant, unresolved questions of fact and he still had no claim under federal law.
She said federal law did not protect Mr. Johnson's complaints from retaliation, that he was a disruptive foul-up who could be fired for nondiscrimi natory reasons, and his EEOC complaint was nothing more than an attempt to fend off imminent dismissal.
She was wrong on the facts and on the law, Mr. Johnson's attorneys said, and her summary judgment should be reversed.
Mr. Johnson — who sought reinstatement and/or unspecified damages — has taken work out of state.
An appellate decision could take months.
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