(The Center Square) – First and 14th amendments were violated by the Penn State University Extension School because of “DEI-focused criteria and compelled DEI narratives, rather than merit” in the denial of an employee’s promotion, says a lawsuit filed Thursday.
In U.S. District Court for the Middle District of Pennsylvania, Dr. Molly Kelly says she was twice denied promotion to Extension Educator Level 5 “not because of any deficiency in her professional performance, but because she failed to demonstrate sufficient ideological commitment to the university’s prescribed DEI orthodoxy.”
DEI is an acronym representing diversity, equity and inclusion.
“The university was not neutrally assessing Dr. Kelly’s professional competence,” the lawsuit says in part. “It was policing her thoughts – demanding not just participation in DEI activities, but evidence of genuine ideological conversion.”
Relief is sought to have the defendants remove diversity requirements from employment benefits or promotion; declare the defendants violated Kelly’s constitutional rights; reconsider her promotion from viewpoint-neutral criteria; and award damages for lost wages, benefits, emotional distress, reputational harm, violation of constitutional rights and attorneys’ fees.
Defendants are the Penn State Extension School; Dr. Neeli Bendapudi, in her capacity as president of Penn State University; and Dr. Jeffrey Hyde, in his capacity as associate dean and director of Penn State Extension.
Kelly is represented by the Liberty Justice Center.
“Public universities are not allowed to condition employment decisions on the parroting of a preferred viewpoint,” said Reilly Stephens, senior counsel and director of Amicus Practice at the Liberty Justice Center. “DEI requirements operate as tools of coercion, demanding that all scholarship serve ideological ends. The First Amendment requires more – that our government institutions leave open the marketplace of ideas to all citizens.”
Penn State Extension bills itself as “a modern educational organization dedicated to delivering science-based information to people, businesses, and communities.” The school focuses on 4-H youth development; energy, business and community vitality; food safety and quality; agronomy and natural resources; food, families and health; horticulture; and animal systems.
Kelly is an enology extension educator. The role is responsible for providing technical, scientific and educational support to the wine industry and wine production. The role can be pivotal for wineries to improve.
In 2025-26, the General Assembly appropriated $57.7 million of taxpayers’ money for Penn State University’s Agricultural Research and Cooperative Extension. A portion of that money is funneled into the Penn State Extension School in Williamsport.
