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Faculty Prevail in AAUP-Supported Case
By Gwendolyn Bradley
In April, a federal jury returned a unanimous verdict in favor of two former faculty members who had accused the Texas Tech University Health Sciences Center of discrimination. The jury rendered verdicts in each plaintiff’s favor on salary discrimination claims, holding that the university had violated the federal Equal Pay Act by paying the faculty members, both women, less than comparably qualified men.
The AAUP’s Legal Defense Fund provided support to the plaintiffs in an earlier phase of the case, when they were litigating Texas Tech’s claim that it was covered by the state’s sovereign immunity from lawsuits under Section 504 of the Rehabilitation Act of 1973. The court in 2005 rejected the institution’s argument, pointing out that the school’s acceptance of federal funds is conditioned upon waiving that immunity. (See “Faculty Can Bring Discrimination Suit” on pages 4–5 of the January–February issue.) This could have a significant impact on faculty at public institutions, as Section 504 provides remedies to faculty no longer available through a private action under the Americans with Disabilities Act.
The two successful plaintiffs—Elaine King-Miller and Lucinda Miller (no relation)—were hired in 1997 by the Texas Tech School of Pharmacy. Both women were told that the university was prohibited from paying them more than a certain fixed amount, but each subsequently learned that her peers were paid more. After complaining of gender discrimination, King-Miller and Miller allege that they received negative evaluations and were treated differently when it came to professional travel budgets and reimbursement. King-Miller, who was diagnosed with a progressive vision disease, also claimed that the university failed to accommodate her disability under Section 504 of the Rehabilitation Act of 1973, but the jury rejected this claim.
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