University of Michigan employees fired last month are suing the school for wrongful termination. They say U-M violated their rights to free speech and due process.
Those fired are a mix of students and recent graduates. The university alleged they violated a university policy banning violence on campus when they participated in pro-Palestinian protests in 2023 and 2024. All were students when they took part in the protests, according to the lawsuit.
The demonstrators were urging the university to cut financial ties with Israel, saying the university's investments were funding human rights abuses in Gaza. Israel has said it's acting in self defense, and the University of Michigan says its investment decisions are designed to be shielded from political pressures.
Three plaintiffs were fired for alleged conduct at a sit-in at the Alexander G. Ruthven Building in November 2023. Five plaintiffs were fired for alleged conduct at a protest at the university museum of art in May 2024.
The lawsuit accuses the university of violating the employees’ free speech and due process rights. The complaint filed in federal court alleges the university’s actions are retaliation for pro-Palestine speech. The plaintiffs are seeking:
- A declaration that the university violated their free speech rights based on the content of their speech;
- An injunction banning the university from firing other protesters from their jobs based on activity protected by the First Amendment;
- Reinstatement in their previous jobs at the university;
- Compensatory and punitive damages;
- Reimbursement for all fees and attorney costs
The lawsuit should discourage the university from firing employees based on what they protest, said Liz Jacob, an attorney representing the plaintiffs.
“It's really important to seek that kind of declaratory relief, to have a declaration from the court underscoring that this action taken by a public university is a constitutional rights violation,” she said.
The university’s actions are especially concerning because it did not provide a fair chance for the employees to contest the allegations, and the employees are permanently barred from working for the institution, Jacob said.
“This is one of the most egregious attacks on the free speech of public sector workers that we've seen in the last few years,” she said. “We're extremely alarmed by the actions of the university to repress their workers for non-work speech on issues of public concern.”
In communications with the former employees, the university cited police reports and body cam footage from the protests as reasons for their dismissal. The videos don’t show any of the plaintiffs being violent, Jacob said.
“These were totally peaceful protests,” she said. “These were folks just expressing their right to free speech.”
Eaman Ali is one of the plaintiffs in the case. She has since graduated, but said she hopes the lawsuit can accomplish what the protests couldn’t.
“I want us to be able to continue that fight, to actually enter negotiations with the regents on divestment,” she said.
The lawsuit includes multiple university leaders in both their personal and professional capacities. Both Ali and Jacob said the firings were part of a larger, “coordinated” effort to suppress speech supporting Palestine and criticizing Israel on campus.
“There's every indication in these cases that they're choosing to take actions beyond just the scope of their job in order to actually target these protesters because of their speech,” Jacob said.
Jacob sees the lawsuit as the latest in a series of victories for the protesters, a “big sea change” in how the university responds to pro-Palestinian protesters. Between University of Michigan President Ono’s announcement that he'll be leaving his post this summer, and Attorney General Dana Nessel dropping charges against seven other campus protesters, Ali is optimistic.
“It’s been a good day,” she said.
Editor's note: The University of Michigan holds Michigan Public's broadcast license.
