Discrimination and Sexual Harassment

Anderson v. State University of New York at New Paltz, 169 F.3d 117 (2d Cir. 1999 )

Dr. Janice Anderson sued the State University of New York alleging a number of claims, including violation of the Equal Pay Act and Title VII.

Kimel v. Florida Board of Regents, 528 U.S. 62 (2000)

Consolidating three cases, the U.S. Supreme Court addressed whether the "sovereign immunity" clause of the Eleventh Amendment prohibits public employees, including faculty members, from suing public institutions, including colleges and universities, under the Age Discrimination in Employment Act (ADEA) for damages .

Nassar v. University of Texas Southwestern Medical Center, 570 U.S. ____, 133 S. Ct. 2517 (2013).

In this case the Supreme Court limited the standard of proof in retaliation cases under Title VII (the nation’s primary anti-discrimination law) to the narrower “but for” causation standard.  While this ruling benefits employers and was contrary to the position argued by the AAUP in an amicus brief it is a relatively modest change in the burden of proof in such cases.

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