AAUP@FHSU


Significant Supreme Court Decisions

We want to highlight two significant and startlingly positive Supreme Court decisions that came out this week with important implications for many faculty and students—and for higher education in general. In both cases the AAUP joined an amicus brief for the prevailing side.

In Bostock v. Clayton County, Georgia, et al., the Supreme Court ruled that Title VII of the Civil Rights Act of 1964 protects gay and transgender workers due to its prohibition of discrimination based on sex. The ruling allows employees discriminated against based on their sexual orientation or transgender status to sue. While questions remain about the rights of religious employers and practical details such as bathrooms and locker rooms, the court emphatically states that “employers are prohibited from firing employees on the basis of homosexuality or transgender status.” Read a summary of the decision and amicus brief.

In Department of Homeland Security et al. v. Regents of the University of California et al., the Supreme Court blocked the current administration’s attempts to end Deferred Action for Childhood Arrivals (DACA). The DACA program allows undocumented immigrants brought to the United States as children to remain in the country legally and expands access to higher education by providing eligibility for in-state tuition and state-funded grants and loans to participants. However, the ruling leaves open the possibility that this administration may try again to eliminate DACA. As the court states, “The dispute before the Court is not whether DHS may rescind DACA. All parties agree that it may. The dispute is instead primarily about the procedure the agency followed in doing so.” Read a summary of the decision and amicus brief.

The AAUP applauds these rulings and believes they provide critical support for members of the AAUP community and the students it serves. We emphatically support protections against discrimination, and our legal work reflects our commitment to promoting diversity, tolerance, and openness on university campuses.

The AAUP


AAUP Signs on to Brief in Support of Dreamers

Last week, the AAUP, together with forty-three educational associations, signed onto an amicus brief submitted to the Supreme Court in support of the Deferred Action for Childhood Arrivals (DACA) program, whose participants are often referred to as “Dreamers.” The brief calls the DACA program “an unmitigated good for this country, its higher education system, and the young persons whom it has benefited.”

The brief was prepared by the American Council on Education and submitted to the high court in the consolidated DACA cases Dep’t of Homeland Sec. v. Regents of Univ. of Cal.et.al.

The amicus brief emphasizes that “DACA has been a symbol of tolerance and openness of our university campuses” and warns that rescinding DACA would broadcast to foreign-born students and potential students from around the globe a message of exclusion that would “irreparably damage the reputation of America’s higher education system in the eyes of the world.”

The Supreme Court is scheduled to hear oral argument in this case in November and a decision is expected before June 2020. The Trump administration moved to end DACA in 2017, but federal courts blocked that attempt. At that time, the AAUP issued a strong statement in support of DACA noting that “a large number of those granted DACA status are our students.” Most recently, the Court of Appeals for the Ninth Circuit upheld one of the district court’s orders requiring the Trump administration to keep the DACA program in place.

You can find a link to the full brief here.

Risa Lieberwitz
General Counsel, AAUP


One Faculty, One Resistance

After last November’s election, we expressed our concern about unique threats posed by the new administration to core institutions of our democracy and to academic freedom. In the months since, we have seen these threats begin to unfold.

Faculty members are being targeted and harassed, the freedom to join together on the job is in jeopardy, and producers of independent thought and knowledge, including faculty, scientists, and journalists, are threatened. The academic year has begun with a spate of racist incidents on campus, another travel ban aimed primarily at Muslims, the decision to end the DACA program that grants residency to many of our students, and, just last Thursday, a decision by the Supreme Court to take up a case that could strip workers in unions of rights.

We believe that democracy thrives on dissent, critical inquiry, free speech, and free research. And that means that we must do more than witness these events; we must resist them.

That’s why we invite you to check out our One Faculty, One Resistance campaign.

The AAUP is the voice of the profession. As such, we’ve been speaking up for academic freedom for more than 100 years. And in these troubled times, we’re doing it with renewed urgency and vigor.

We’ve created a central space for our campaigns and materials related to these threats– materials to help you fight against targeted harassment of faculty and for the right to teach and conduct research freely, and to resist political interference and litmus tests in higher education.

Take a look around and share news of the campaign! A powerful resistance requires collective action and voice. Click here to share.

Graphic of the website

We’ll be in touch soon.

Rudy Fichtenbaum
President, AAUP


Trump Is Wrong to Eliminate DACA

The AAUP denounces in the strongest possible terms the decision by the Trump administration to end the Deferred Action for Childhood Arrivals program (DACA). This decision marks a continuation of the anti-immigrant racist policies that the administration has supported from the start.

Many of our members come from families that immigrated to the US. Their forebears came to the US for the same reason that today’s immigrants do, for a better life for their families, especially their children. But the Trump administration, feeding off the fears and insecurity of many Americans, has used the issue of undocumented workers, along with racism and anti-Semitism, to divide people and disguise the real causes of the declining standards of working people, including working people of color.

DACA, which provides renewable two-year work permits for immigrants who were brought to the country illegally as children, was created by President Obama after the Republican-led House of Representatives refused to act on immigration. About 1.9 million undocumented young people are eligible to apply for the DACA program. Nearly 800,000 had their request for DACA status granted in 2016. Of those who have DACA status, about 576,000 are enrolled in college. In other words, an overwhelming majority of those granted DACA status are our students.

One of the major factors that makes American higher education a world class system is the diversity of our faculty and students. We owe it to these students and their families, as well as to other undocumented young people, to speak out against this action in the strongest manner possible. We call on our members to urge Congress to act immediately to undo President Trump’s action and allow these young people to remain in our classrooms.

We also urge Congress to enact a comprehensive immigration reform policy that will welcome immigrants to our shores–those fleeing political persecution and violence as well as those who simply seek a better life, regardless of their race, religion, or national origin.

Rudy Fichtenbaum
AAUP President