On the evening of Friday, Oct. 13, just hours after students departed for October Break, Vassar College submitted a letter requesting permission to create a motion to dismiss the women professors’ pay equity lawsuit in federal court.
Vassar’s request will be heard by Judge Cathy Seibel in White Plains on the afternoon of Nov. 16. This appearance in the Southern District Court of New York will be the first time the parties face off in court.
The letter alleges that the professors’ claims are not covered under the Equal Pay Law, Title VII and the New York State Human Rights Law, asserting that the professors’ data is too vague and not compared to specific male professors’ salaries. In addition, the letter states that Vassar cannot be accused of unintentionally discriminating with evidence of intentional discrimination.
Michelle Lamy, one of the attorneys for the female professors, noted in a written statement to The Miscellany News that the professors’ claims have not been dismissed. In fact, Vassar does not currently have permission to make a motion to dismiss. “In the letter filed on October 13th,” Lamy clarified, “Vassar merely requested permission to file a motion, which the Court may or may not grant.”
Vassar’s letter was filed by Matthew Gagnon, one of the two lawyers from the firm Seyfarth Shaw that is representing the College in the lawsuit. Gagnon declined a request to comment due to the ongoing litigation.
For at least the past five years, a higher education institution moving to dismiss a professorial wage discrimination lawsuit has been a rare occurrence. In pay discrimination lawsuits at the University of Arizona (2018), Northern Michigan University (2019), Rutgers University (2020) and Syracuse University (2021), no schools attempted to dismiss their professors’ claims.
Many students were upset by the College’s attempt to dismiss. Gwynne Smith, speaking on behalf of HearUsOut, said they are dedicated to increasing awareness of the lawsuit. “We were shocked, dismayed and offended on behalf of our professors whom this institution has so disrespected,” Smith wrote in a statement to The Miscellany News. The group’s statement continued, “The motion to dismiss shows that [the administration is] refusing to hear out the people essential to our education in their claims of being hurt and wronged by the College.”
Lamy added that the professors share a similar sentiment, stating that “We are disappointed with Vassar’s continued insistence on fighting—rather than embracing—its professors’ attempts to close the gender pay gap.”
In an email correspondence with The Miscellany News on Oct. 26, President Elizabeth Bradley maintains that the College is committed to fair pay for all faculty, regardless of gender. “The College does want to continue to work constructively with all professors to ensure gender pay equity,” she commented. “That commitment has not changed.”
Members of HearUsOut now feel deceived by the College’s communications to the community. In an email to the community on Sept. 22 and a Letter to the Editor in The Miscellany News on Sept. 9, Bradley said, “I am committed to communicating with you on behalf of the college in the most transparent way possible,” and “I look forward to diligently working with all parties to reach a fair and thorough resolution in due course.” Smith, however, responded by calling out the College’s inconsistencies. She said that despite these promises of transparency and resolution, “When [the College’s] lawyers decide to file to dismiss the case altogether it becomes obvious that they would much rather sweep the entirety of it under the rug.”
The motion was filed on the last day Vassar was eligible to respond to the lawsuit. The next day, on Oct. 14, at a meeting with President Bradley, the Executive Session of the Board of Trustees received an update on the lawsuit. However, the contents of this update are private since these meetings are closed to the public, according to VSA President Olivia Gross.
HearUsOut continues to organize protests outside of the admissions building, and the group is currently working to expand programming to bring more information about the lawsuit to the campus community.
HearUsOut ended their statement by underscoring student appreciation for their professors. “We hope you know that so many of your students value you and want the school to show that they value you as well.”
So glad to know that title is Judge Cathy Seibel in White Plains. As a women she would be able to support the female teachers at Vassar and end the oppression for all females at Vassar and all over the world.
Power to Women!!
Nora Bethel
Yes Nora,
The judge should be able to create a new set of laws just because our female teachers decide they are being discriminated; No evidence required besides claiming a protected representation.
Else we could fire the judge too in the election.
Rosie
I know lawyers are always going to lawyer, but, “Even if we treated the women unfairly, it isn’t judiciable because of these specific details,” just isn’t a good look for Vassar.
Yes David
Women should be paid more as they have faced centuries of oppression. If only we could fire the current President and hire a feminist who understands the troubled past of American women – we could have a just and equatable society.
Gale
Since the second half of the 20th century, women’s labor force participation has grown significantly. Women are working longer hours and pursuing higher education in greater numbers. Educational departments such as Feminist studies, Intersectional studies, literature and sociology would be empty without women and female scholars that have endowed the practice with their lived experience.
While the wage gaps for each group are calculated based on median earnings data from the U.S. Census Bureau and thus do not necessarily represent each individual woman’s personal experience such as Ivanka Trump or Hillary Clinton; it affects women who choose the service trades or supportive health practices. Hence the demands of our female faculty are for equal pay for our Cafeteria, Janitorial and Grounds crew too. This will help all of our Vassar community to support equal pay.
An alternative is also to reduce Mens pay – which would equalize the pay gap rather easily.
Justice for women
Kira
What, reduce men’s pay?! That’s just crazy talk!
Seriously, the pay pie is limited, so raising women’s pay really would reduce men’s pay. But, as women are underrepresented (even at Vassar) in professorships, that reduction would likely only be a small reduction in future salary increases for men, not a terrible burden to bear. It would be part of a general move toward inclusion and equality. I truly hope Vassar sees the big picture in which it would not double down on previous near-sightedness, but embrace its role in a better future. Sure, it will cost dollars in the near-term, but when was Vassar devoted to that kind of calculation?
Whether Vassar wins in its effort to dismiss the lawsuit, it needs to, in good faith, address and redress past inequities. If it does so, I will be so proud that my daughter is attending the school. So will tens of thousands of alum parents. And, if Vassar really needs to count dollars, it should know that that pride counts for many dollars, indeed.
I was shocked, dismayed and offended on behalf of our professors whom this institution has so disrespected after having hired them.
So here are some clear solutions that our professors could implement:
– have a womens k my quota on hiring. With a well educated faculty endowed with the female lives experience Vassar would weed out the root of the problem.
– have women/ trans and LGBT Chair the Review panels for promotions and Seniority;
– have a ceiling on how much men could be paid including the Janitors. repairmen, maintenance. Teaching and other admin staff that are needed to keep Vassar operating;
– create a pipeline for female and trans faculty to have other greenfield opportunities at other institutions like Yale or Harvard that would pay more and require less work expectations for female teachers.
Power to female faculty
Hanna Cohen