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).

Naiel Nassar, M.D. served as an Assistant Professor of Internal Medicine and Associate Medical Director with the University of Texas Southwestern Medical Center and complained that he allegedly was being harassed by a Supervisor, Dr. Levine. He later got a job with Parkland, an affiliated clinic, and submitted a letter of resignation in which he asserted that his "primary reason" for resigning was because of Dr. Levine's harassing and discriminatory behavior. Shortly thereafter, Parkland withdrew its job offer.

Dr. Nassar brought suit in federal court, accusing UTSW of orchestrating Parkland's refusal to hire him in retaliation for his discrimination complaints, in violation of Title VII. The Supreme Court held that the appropriate standard of proof in retaliation cases was the narrower “but for” causation standard.  The American Council on Education (ACE) filed an amicus brief in support of UTSW arguing that AAUP policies supported the higher burden of proof.  The AAUP filed an amicus brief in response, arguing that ACE had misinterpreted AAUP policies and that in fact AAUP policies supported the "but for" standard in retaliation cases.

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