Recent Decisions - UNIVERSITIES & OTHER INSTITUTIONS OF HIGHER LEARNING
Employment and Dismissal - Faculty
Professor sued University alleging retaliation for filing Equal Employment Opportunity Commission (EEOC) complaint. Professor filed an EEOC claim. Afterwards, to obtain a promotion he was given ten days to translate french publications to english. Professor did not complete the task within this time and as a result, received no promotion. Held: For the University. Promotion committee's request for translation was reasonable and accordingly, cannot be a basis for retaliation. Cerol v. Temple U. ofCmmw. Sys. of Higher Educ, 303 Fed. Appx. 87 (3d Cir. 2008) (unpublished).
Professors sued College alleging violation of Equal Protection Clause. Professors were denied promotion to the rank of associate professor. They alleged that they were not promoted on account of their national origin and color. Held: For the College. Professors failed to show that College's decision was pretextual or intentionally discriminatory. Further, College's detailed promotion policy provided non-discriminatory evidence that the professors were not qualified for the requested promotions. Sosa v. Rockland Community College, 302 Fed. Appx. 56 (2d Cir. 2008) (unpublished).
Professor sued University alleging violation of the Civil Rights Act, the New York Human Rights Law and the Fourteenth Amendment. Minority professor was promised and subsequently denied, a promotion and other benefits. At the same time, other less-qualified, non-minority professors were promoted and received benefits. Professor claimed that his denial was racially motivated and he protested and submitted oral and written complaints about this discriminatory treatment. He alleged that as a result of his protests, he suffered retaliation. Held: For the professor in part and for the University in part. Although the facts did not support age discrimination claim, they did indicate retaliatory actions occurred following professor's complaints. Therefore, claims relating to the complaints could stand. Rehman v. St. U. of N.Y., 596 F. Supp. 2d 643 (E.D.N.Y. 2009).
Professor sued hospital's chief executive officer (CEO) alleging deprivation of constitutionally protected property interest, intentional infliction of emotional distress, tortious interference and defamation. Professor, who held an appointment as hospital director of the fellowship program and laboratory, was removed by CEO due to an alleged conflict of interest. Held: For the CEO. Professor did not hold a property interest in his uncompensated assignment. Thus, there were no sufficient facts to allege a constitutional deprivation. Ashfaq v. Anderson, 603 F. Supp. 2d 936 (N. D. Tex. 2009)
Professor sued University alleging constitutional violation. Professor pleaded guilty to committing larceny. However, professor alleged that University violated his constitutional rights by not providing him with a hearing before suspending him without pay. Held: For the University. A hearing was not required when employee was suspended due to a felony conviction. The conviction demonstrated that suspension was not arbitrary and that employer's decision was justified. Rosa v. City U. of N. Y., 306 Fed. Appx. 655 (2d Cir. 2009) (unpublished).
Professor sued University's board of trustees alleging race discrimination and First Amendment retaliation. Professor was terminated after refusal to file reports, refusal to attend meetings, alleged class disruption and insubordination. Held: For the board of trustees. Professor failed to provide sufficient evidence to substantiate his retaliation claims. The board succeeded in establishing legitimate, non-discriminatory reasons for termination. Satcher v. U. of Ark., 558 F.3d 731 (11th Cir. 2008).
Tenured professor sued University alleging intentional infliction of emotional distress, tortious interference with contract, and due process violations. After a professor spoke with a human resource officer about retirement planning, University assumed he had voluntarily resigned. …