Gender Pay Equity Battle: Female Professors Take on Vassar College

More than ten years ago, a study was conducted in which six major research universities were asked to rate a one-page resume of a recent college graduate.? The resumes were identical, but half were assigned a male name (John), and half were assigned a female name (Jennifer).? The applicant was a promising candidate for a laboratory manager position.? John received an average rating of 4/7 for competencies and was offered an average salary of $30,328.? Jennifer received an average rating of 3.3/7 and offered $26,508.? In addition to receiving a higher starting salary and rating, John was also viewed as a more favorable candidate for mentoring.[1]? If John is hired at a higher starting salary and is regarded more favorably for mentoring than Jennifer, it is not surprising that over their respective tenures, John’s and Jennifer’s pay gap will only widen.

This study’s findings, though dated, are echoed in the allegations of a recently filed class action lawsuit against Vassar College, which was “founded in 1861 to offer women a fully equivalent education to that of the best men’s colleges of the period.”[2]? The lawsuit describes disparities in compensation, promotions, and merit evaluations that plaintiffs claim have been subject of many years of internal debate.? The lawsuit alleges these disparities constitute violations of Title VII of the Civil Rights Act, New York state law, and Vassar’s own commitments to gender equity.

The qualifications of the women chosen to represent the class of plaintiffs are significant.? Some have been professors for more than two decades. Many have authored books, published dozens of scholarly articles in peer reviewed journals, edited films, chaired faculty committees, and won teaching awards. ?The lawsuit claims these women and others have been paid less than similarly situated male faculty members who performed substantially similar work and Vassar promoted equally or less qualified male faculty members instead of women to positions they were qualified to hold, and/or held them to different standards for evaluations and promotions than male faculty members.? ?

Pay disparities are often discovered in raw, objective salary data; but evaluating the fairness or legality of those disparities can be difficult; many factors go into pay decisions, particularly over the lifetime of a career.? ?Here, the plaintiffs rely on salary data that Vassar provided to The Chronical of Higher Education years ago.? The plaintiffs allege female professors have spent years appealing to administration to address the apparent gender pay gap, but little was done to meaningfully address the issue, and the gap has only widened.? In addition, the plaintiffs allege in response to their allegations of unfair pay, administration has claimed the pay gap was the result of “the fact that men are simply higher performers or simply better at leveraging offers to negotiate higher salaries.”[3]?

While the lawsuit is replete with the qualifications and accolades of the representative female plaintiffs, there is no information in the lawsuit about who the similarly situated male professors may be, what their qualifications are, or how they perform substantially similar work.? ?To succeed on their claims of intentional discrimination under Title VII and state law, this comparative information will be critical.? The plaintiffs are also alleging a disparate impact theory of discrimination, which will require them to prove the school’s neutral compensation, promotion, and evaluation policies or practices have had an adverse impact on female professors.

When data appears to substantiate a gender pay disparity, how should an organization address the potential causes of disparities and determine whether action needs to be taken to rectify what appears to be inequity?? No doubt, Vassar has been grappling with this question for years, knowing that female faculty were unhappy with their compensation and believed it to be unfair.[4]? It remains to be seen whether the female Vassar professors will ultimately be successful in court; however, in the meantime, there will likely be untold damage to Vassar’s reputation with students, alumni, and the community that may have been avoided had they found a better way to address years of employee concerns.

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Kathlyn Perez is a seasoned employment lawyer in New Orleans, dedicated to helping businesses proactively manage employee concerns and avoid litigation.? Her practice focuses on advice and counsel, conducting workplace investigations, and delivering comprehensive tailored employment law and management trainings.? Connect with Kathlyn at [email protected] or on LinkedIn for more information about this case and other trending employment law topics.?

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[1] See “Bias Persists for Women of Science, a Study Finds,” Kenneth Chang, The New York Times, September 24, 2012, available at https://www.nytimes.com/2012/09/25/science/bias-persists-against-women-of-science-a-study-says.html ; see also “John vs. Jennifer: A Battle of the Sexes, “Margaretta Midura, Yale Scientific, February 19, 2013.

[2] https://www.vassar.edu/about

[3] https://www.lieffcabraser.com/pdf/Vassar-Dkt.-1-Complaint.pdf

[4] The lawsuit alleges that the school performed a survey in 2011 in which 62.5% of female respondents said they were “Not Satisfied” with salary, whereas only 37.5% of male respondents responded similarly.? See Complaint, Paragraph 26(a).? ?https://www.lieffcabraser.com/pdf/Vassar-Dkt.-1-Complaint.pdf

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