On Monday, Nov. 27, Vassar College faced off for the first time in federal court with the legal team of the five female professors alleging wage discrimination.
The court hearing, held in White Plains, New York, determined whether or not Judge Cathy Seibel would hear the College’s attempt to dismiss many, but not all, of the professors’ claims. The College’s request was granted, and over the next three months, the College and professors will submit evidence to the judge. The College’s request pushes the trial start date to late February 2024 at the earliest.
Since the last update on the lawsuit, discussion on the issue has continued to saturate the campus community. In The Miscellany News, two more Letters to the Editor have been published in support of the professors. Now, a total of 142 Vassar professors, nearly half of the College’s faculty, have signed on in support of the lawsuit. The signatories come from faculty in all academic departments besides Economics.
Students have also rallied behind their professors over the last few months. The Miscellany News, using an online point-based artificial intelligence (AI) model and satellite imagery, determined that at least 600 students, around a quarter of the student body, were at HearUsOut’s protest on Sept. 13 in support of the female professors. HearUsOut, a student organization dedicated to spreading awareness of the lawsuit, continues to lead protests outside of the admissions building.
HearUsOut, in a communication to The Misc last week, expressed disappointment with the College’s motion to dismiss the professors. “HearUsOut is continually disappointed by the college’s decisions: they are remaining dedicated to dismissing the case entirely. This choice is an affront to the plaintiffs, the other professors, and the hundreds of students who have encouraged Vassar to settle.” The group also stated that it plans to continue to take action in support of the professors. “Moving forwards, we are planning on disseminating more information about the case. We are also planning more collective action, to remind the college that we still stand with our professors and believe they deserve better.”
Less visibly, lawyers for both parties have been exchanging a storm of legal allegations at one another. In October, the College’s lawyers alleged that the professors’ claims under the Equal Pay Law were not permissible and should be dismissed. The College has since added three more lawyers to defend their case.
The next month, the professors’ lawyers forcefully responded, alleging that the College’s claims are backed by no evidence. In fact, they point out, three of the cases the college uses as evidence do not even mention the Equal Pay Law. They wrote that “the College’s mistaken understanding of the NY Equal Pay Law may stem from the fact that none of the [precedent] it cites actually analyzes that law.” In one of the cases that does mention the Equal Pay Law, the woman’s sex discrimination claims were not dismissed.
President Elizabeth Bradley, in an email to The Miscellany News on Nov. 30, reiterated that the College is committed to pay equity. “Vassar remains fully committed to fair and equal pay for all professors,” she stated. “Vassar also remains committed to pursuing a fair and appropriate resolution of the litigation. Because the matter is in litigation, it is not appropriate for the College to comment further on this right now.”
However, the professors uphold that the College has refused to address its decades-long gender-based pay disparities, with the move to dismiss their claims being yet another instance of the College disregarding their concerns. “The College has known for many years that it has unlawfully paid men more than women, but it has for years rejected our overtures and refused to address this discrimination in any meaningful or substantive way,” the professors stated in their joint statement published on Aug. 30. When asked more recently for comment, President Bradley wrote that the college cannot discuss pre-lawsuit efforts towards pay equity. “Both plaintiffs and Vassar are bound by confidentiality obligations regarding efforts made before the lawsuit, which is standard practice during such a process, so we are not able to provide any details about that.”
HearUsOut similarly expressed frustration at the discrepancy between the college’s statements of transparency, equity and resolution and their action to dismiss the professors’ claims. “Despite President Bradley’s claims of transparency, she has not spoken about the case in over a month,” the group stated. “HearUsOut is still here and we are still standing for the equity that Vassar purports to care about.”
Michelle Lamy, an attorney for the professors, noted that community members concerned about pay disparities should not be concerned about the result of the court hearing on Monday. Although Judge Seibel allowed Vassar to attempt to dismiss some of the professors’ arguments, her move is standard procedure in cases of this type. “It would have been unusual if the Court had not permitted Vassar to at least file its attempted motion to dismiss,” Lamy wrote in a communication to The Miscellany News.
It is important to note that even if Vassar’s motion succeeds, the lawsuit will still not be dismissed. Vassar is not attempting to dismiss the accusation that the College intentionally discriminated against the female professors.
As the case transitions into a new phase in the upcoming new year, the professors have reaffirmed their unwavering commitment to resolving Vassar’s gender pay gap. “Plaintiffs are disappointed with Vassar’s continued insistence on fighting—rather than embracing—their attempts to close the gender pay gap. But rest assured: they remain committed to that fight.”
Many students continue to stand in solidarity with their professors and will continue to do so until the lawsuit is resolved. “[The College wants] us to forget about their wrongdoings as the case drags on, but we will not,” HearUsOut stated. “We still stand with our professors and believe they deserve better.”