Former Mercer University professor sues school over allegations of discrimination

Mar. 8—A former Mercer University professor has accused Mercer of discriminating and retaliating against her, both racially and over work limitations she faced after suffering serious complications from COVID-19, according to a lawsuit filed in federal court last week.

Latisha Nixon-Jones, a Black law professor, filed the lawsuit against Mercer on Feb. 26, claiming unlawful employment discrimination under the Americans with Disabilities Act, the Family Medical Leave Act, and race discrimination in contractual relationships including employment, according to court documents.

A lawsuit represents only one side of a legal argument. Attorneys for the university have not yet filed a response. A spokesperson for Mercer said the university does not comment on pending litigation.

Nixon-Jones, who worked at the university from August 2021 to June 2023, claimed problems began after she began suffering from "long COVID," a common term for people experiencing long-term health effects from COVID-19, according to the lawsuit.

In her lawsuit, Nixon-Jones said she contracted COVID for a second time shortly after starting at the university and experienced complications.

"I contracted Covid-19 for the second time in 2021 shortly after my arrival at Mercer Law, and experienced a relapse of prolonged symptoms, which is known as long Covid. My specific complications included heart and lung issues, and some mobility challenges," the statement read.

Nixon-Jones went on to state that after several months of fighting Mercer's School of Law for an accommodation under the Americans with Disabilities Act to teach remotely, the request was ultimately denied. She was briefly allowed to teach remotely during her first semester while her accommodation was under review, but was required to return to campus to teach in-person for the second semester, according to the lawsuit.

Nixon-Jones said that during her annual review in February 2022, she was told her inability to teach in person was limiting her effectiveness and Mercer Law preferred teachers offer their classes in person, according to the lawsuit.

As Nixon-Jones continued to wrestle with COVID-related complications, she decided to take intermittent leave under the Family Medical Leave Act in the fall of 2022, according to her lawsuit. That was the same time she was up for contract renewal with the school.

In January 2023, Nixon-Jones alleges she returned to work in-person but became ill shortly after and had to conduct her class remotely which, in turn, resulted in more negative comments from staff.

"On February 13 in 2023, during my review session with Dean (Karen) Sneddon, she made another pointed threat that even if the faculty voted to renew my contract, which is part of the renewal process at Mercer, that the Dean, Provost, and President all had the authority to exercise discretion to cancel my contract," she said in her lawsuit.

Nixon-Jones' court-documented statement went on to say she believed she was subjected to various other reprisals after asserting her rights under the ADA.

Allegations of racial discrimination in lawsuit

Nixon-Jones was also part of a group who raised concerns about the conduct of a tenured professor.

She alleges the professor, who is a white man, sent a number of inflammatory emails to faculty and students regarding a fundraising event involving a drag show on campus. He criticized students of color for being allies of LGBTQ persons. The event was co-sponsored by the Black Law Students Association, according to the lawsuit.

On a different occasion, the same professor encountered Nixon-Jones in the hallway while she was wearing a therapeutic boot following a foot surgery, according to the lawsuit.

"He remarked to me that I was likely to recover quickly because of the recuperative powers of people like me, a clear-cut in my view reference to my race," her statement read.

Multiple complaints regarding the professor's behavior were never addressed or investigated, according to the lawsuit.

Despite denying Nixon-Jones' request, Mercer allowed two white law professors to work remotely for extended periods of time due to medical conditions that put them at risk of contracting COVID, according to the lawsuit.

Nixon-Jones also said in her lawsuit that her pay lagged behind that of a white assistant professor who joined the faculty at Mercer Law at the same time as her but had less experience.

Court documents state in 2022, Nixon-Jones learned her annual merit increase would be at the lower end of the pay increase range. When Nixon-Jones questioned the size of the raise, she was told her extended remote period in fall 2021 had adversely affected her student evaluations, which are a component of the evaluation process.

Nixon-Jones resigned her position in April 2023 at Mercer Law, believing her contract would not be renewed. But she alleged that the retaliation continued.

Nixon-Jones' contract with the school went through June 30, meaning none of her campus benefits should have been revoked until that time, she alleged in the lawsuit. She stated that following her resignation in April, her office was reassigned, her work laptop was ordered to be returned, and a stipend for a summer research project was pulled.

Nixon-Jones is suing the school for back pay, front pay, lost benefits, compensatory damages, punitive damages, attorney's fees, costs of litigation, prejudgment and post-judgment interest, and other equitable and monetary relief as the court deems fit.

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