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Professor sues SMU for ‘race’ discrimination

July 2026 employment law letter
Authors: 

Michael P. Maslanka, UNT-Dallas College of Law

“Race” is in quotes in the headline because the lawsuit covered in this article illuminates a definition of “race” that might surprise you.

Tenure denied, terminal year triggered, lawsuit filed

Academia is a self-contained universe. Your employment contract is renewed year to academic year if performance is satisfactory. In year six, the year-to-year probationary period ends, and you apply for tenure. If granted, you’re promoted to associate professor—no more year-to-year contract but now an open-ended contract. If denied tenure, you get a “terminal year,” meaning you can stick around for the next academic year to teach, but then it’s “adios.”

Into this bottle of scorpions stepped Sean Wang, an assistant professor at the Southern Methodist University (SMU) Edwin L. Cox School of Business. Hemang Desai is an influential professor at the school and is Indian-American. (You’ll see why this is important in a minute.) 

A key part of being granted tenure is a record of scholarly publications. (Perhaps you’ve heard the phrase “Publish or Perish!” It’s true.) Here, then, are the pertinent allegations in the lawsuit:

·     SMU states that the productivity standard for tenure is “at least four (4) top-tier publications within the six (6) year probationary period.”

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