Appellate Law

CA1: Drama at Dartmouth?s drama department

By S. COTUS

Sabinson v. Trustees of Dartmouth College, No. 08-1043.  Academics are generally paid less than lawyers.  Therefore, they fight more.  And harder.  And more drama.  This case is cast under Title VII, 42 U.S.C. § 2000e (2000) et seq., and under the federal age discrimination statute, 29 U.S.C. § 621 (2000) et seq., and for retaliation.  But, really, it is a dispute over the theater department at some school named Dartmouth.

Wikipedia Fact: Dartmouth is a brick and mortar school located in Hannover, NH.

What gets me about all these cases, is that they are all always political.  People often don?t like each other in academic departments.  When they hate each other, one side starts by calling the other incompetent (denying tenure if possible), and the other side claims ?discrimination.?  It is difficult for an outside observer to know whose claims are based on generalize rivalries, and whose claims are based on actual discrimination. 

Anyway, the plaintiff loses.  She can?t really point to direct evidence of discrimination.  Likewise, being offered a buy-out isn?t discrimination, either.  Whatever the case, it seems that the ?committees? concluded that Sabinson was ?damaging? the department.

But here is what gets me: there are lots of academic departments out there that suck.  They suck a lot.  Yet somehow committees do not come down on the likable professors.  The First points out that professional rivalries are not compensable under the federal statute.  Only actual discrimination.

Regarding the retaliation claim, ?The filing of a complaint cannot be the basis for adverse employment action but it also cannot immunize an employee from action already planned and not dependant on the complaint. Absent a decision by Sabinson to retire, unwelcome assignments were inevitable regardless of the complaint.?

Full post as published by Appellate Law and Practice on September 12, 2008 (boomark / email).