The lawsuit noted last summer has settled, it appears on the basis of the retaliation claim. Professor Campos received $60,000, and his law firm received $100,000.
On the retaliation allegation, Professor Kerr had surmised last summer that the University would argue that removing Campos from a committee assignment wasn't retaliation for his complaining of discrimination because "Campos had said he anticipated suing the university because the evaluations committee had discriminated against him. That's the same committee he was set to join…." That surmise turned out to be incorrect. As a Colorado law professor (who sent the settlement to me) pointed out, "The evaluation committee he'd been assigned to wasn't the same committee (meaning with the same members) as had evaluated him." Even when the underlying discrimination claim is without merit, retaliation claims are often winners (and have become easier to win since this SCOTUS decision). (Campos, in his self-serving blog post about this, noted that the settlement agreement was not confidential, but did not disclose the amount he actually got, and I suppose we now know why.)
Meanwhile, the issues raised in the original complaint about discrimination–such as his allegedly unfair mediocre performance review in 2021, his lack of an endowed professorship, and his having been removed from the first-year Property course–figure not at all in the settlement. Another reader called to my attention the University's answer to the lawsuit, which may help explain why:
Par. 12: "The University denies that Plaintiff is the only senior member of the law faculty who is Latino." [Campos claimed to be the only Latino, as an explanation for why he was allegedly discriminated against]
Par. 26: "The University denies that Plaintiff’s research justified a rating of 5 in 2021, denies that he published a book or an article in 2021, and denies that he had 'the single most impressive year' of all law faculty."
Par. 44: "The University admits that Plaintiff was no longer assigned to teach Property Law to first-year students due to abysmal student evaluations and insensitive comments."
In the aforementioned blog post, Campos denies that there were "insensitive comments" made in his Property Law class, but says nothing about the University's allegation about the student evaluations. In any case, the settlement does not offer any remediation for the alleged discrimination, i.e., it does not grant him a named professorship, revise his poor performance evaluations, or return him to the first year Property class.
(As an aside, it's amusing to note that the University of Colorado has a special history with retaliation claims, in one case paying out over 800k to a female student who claimed "retaliation" [n a Title IX, not Title VII case] after complaining of sexual assault; that same woman was subsequently found guilty of violating the sexual misconduct policy arising from the same set of events! The "retaliation" here consisted in a philosophy professor trying to defend the student she had accused of sexual misconduct. The tenured philosophy professor was fired. The Colorado Law Dean is keeping her job, according to the university.)



Nietzsche’s Ecce homo, Notebooks and Letters: 1888-1889. Translation by Daniel Fidel Ferrer. ©2023 Daniel Fidel Ferrer. All rights reserved. Attribution-NonCommercial-NoDerivs…