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Case Updates
Graciela Chichilnisky vs. Columbia University
Chichilnisky is in the midst of a suit against Columbia University for breach of the settlement made with her in 1995, harassment, gender discrimination, retaliation, and unequal pay (see Fall 2003 Newsletter). In January 2003 Columbia countersued her for failing to teach her classes and working outside the university while on leave.
The university had not brought the problems for which they countersued her to her attention by means of the internal procedure prescribed in the faculty handbook-and had, in fact, given her leave for every semester she was not teaching, so she asked the court to require the university to follow its internal procedures first. The court refused, saying the university is not bound to follow the faculty handbook. University administrators acknowledge no faculty member has ever before been sued for such charges. However, at this point the two suits, hers and the counter suit, will be tried together.
Her case continues to receive support from the American Association of University Women Legal Advocacy Fund. The Association for Women in Science has agreed to give an amicus curiae brief at her trial. Productive Outreach for Women (POW!), a student feminist group at Columbia, has endorsed her case. The Support Committee for Graciela Chichilnisky sent to President Bollinger of Columbia a letter urging settlement signed by 67 academics, feminists, and POW! members. President Bollinger did not reply.
Hers is an unusual case in that she is tenured. Although preparing her legal case demands much effort, thought and attention, her professional obligations of teaching, research, student supervision, and service continue. Fortunately she is a remarkably hardworking, effective and powerful scholar, but the juggling this requires has been very hard on her. She still hopes to resolve the case by settlement.
Charlene McMahon vs. Carroll College
McMahon was refused promotion to tenure in the Chemistry Department of Carroll College in 2002 (see Fall 2003 Newsletter). At the same time, two men were granted tenure. In December 2003, her attorneys filed a gender discrimination case in Federal Court, saying her qualifications for promotion were better than or equal to those of the men.
The faculty position she had held was advertised as a non-tenured position. McMahon applied for it and was the most qualified applicant. The college informed her that her application "would not be considered" and appointed a less qualified male. She then amended the retaliation component of her complaint to include this incident.
The college is trying to change the trial venue to the part of the state where the college Board of Directors has greatest influence. She is opposing this change. The trial is set for February 2005.
Meanwhile, the American Association of University Women Legal Advocacy Fund (AAUW) has adopted her case. This fantastic organization supports many academic gender discrimination cases. Its endorsement gives the women financial support and the sense of legitimacy brought by knowing one's case is but one fight in the larger battle for equality.
The faculty of Carroll College, who have seen the college both fail to promote qualified faculty members and change their slots into tenure-track to non-tenure-track slots, are pursuing unionization. The campus voted "no confidence" in the college president last year and recently voted "no confidence" in the chair of the Board of Trustees of the College. The alumni are circulating a petition stating that the college needs new leadership (www.petitionline.com/saveCC/petition.html).
Pat Washington vs. San Diego State University
Pat Washington was SDSU Women's Studies Department's first tenure-track Black professor (see Spring and Fall 2003 Newsletters). She was denied promotion to tenure and dismissed from the university in 2003 despite being a very popular teacher and having published many times the number of articles required for promotion when she was hired.
Her complaint went to the California Faculty Association for arbitration of the tenure denial and termination.
Washington continues to sue in state court for race, sex, and age discrimination and for retaliation.
Her list of supporting organizations speaks well for her community involvement and includes among twenty groups: the wonderful American Association of University Women Legal Advocacy Fund, California now (which broke new ground by endorsing her case), the Associated Students of San Diego, the NAACP, and the National Center for Lesbian Rights. Her picture graces the cover of the Fall 2004 issue of the AAUW magazine Outlook and her case is discussed in its article about AAUW's new report Tenure Denial.
For a list of cases supported and other information about the American Association of University Women Legal Advocacy Fund, see www.aauw.org/laf.
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