The federal appeals court based in Colorado agreed last week that Denver Public Schools did not discriminate against a Chinese-born teacher when it decided against renewing his employment, but rather had legitimate issues with his performance.

Chunyi “David” Xu taught math at Noel Community Arts School in northeast Denver during the 2018-2019 school year. Due to low enrollment projections, the school needed to cut one math position. A committee considered five teachers for non-renewal and ultimately selected Xu.

Xu alleged he was subjected to harassment and bullying, was told that his accent was the problem and was treated worse than non-Asian teachers. He filed suit alleging race and national origin discrimination.

However, after a trial judge sided with the school district, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed there was no evidence Xu’s non-renewal was discriminatory.

“Although Xu believes that he was qualified for and satisfactorily performing his job, his subjective belief is not the relevant consideration,” wrote Judge Carolyn B. McHugh in the Feb. 6 order.

Evidence submitted in Xu’s lawsuit documented his struggles in the classroom and his poor performance scores. An assistant principal wrote that students reported Xu “makes them feel dumb.” After the personnel committee interviewed candidates for nonrenewal and Xu filed a discrimination complaint, a human resources investigator noted committee members “used words such as ‘weird’ and ‘uncomfortable’ to describe Mr. Xu’s interview.”

Xu countered that he experienced a student calling him a racist name and that his evaluators repeatedly pointed out he spoke with an accent. He also alleged the school failed to provide him with support to do his job and the assistant principal told Xu he did not “fit in.”

Last year, U.S. District Court Judge Regina M. Rodriguez concluded Xu failed to show how the school district’s nonrenewal decision was the product of discrimination.

“Here, the undisputed facts demonstrate that the Defendant was in fact concerned with the Plaintiff’s job performance throughout his tenure,” she wrote. Although Xu claimed he was subject to differential treatment, “he has proffered no evidence, other than his own subjective belief, that these acts included elements of discriminatory intimidation, ridicule, or insults.”

Representing himself on appeal, Xu characterized the nonrenewal process as a “central hoax” and accused the district’s lawyers of an “evil motive.” He called Noel Community Arts School the “worst school in the DPS district” and argued Rodriguez exhibited bias by crediting the district’s claim that he was “insubordinate” — even though Xu’s lawyer admitted the assistant principal found him to be insubordinate.

The 10th Circuit panel rejected the allegations of Rodriguez’s bias and concluded the evidence showed the school district made its nonrenewal decision in good faith.

The case is Xu v. Denver Public Schools.