EDNA NUSSBAUM v. ARKANSAS COLLEGE OF MEDICINE
This is a class action by female physicians on the faculty of a
medical school for sex discrimination in violation of Title VII of the
Civil Rights Act of 1964, 42 USC 200e et seq. Plaintiffs claim that
practices of the medical school in setting salaries have had a
disparate impact on female faculty, resulting in a pattern and
practice of discrimination. Plaintiff's theory is that women's
starting salaries were unjustifiably lower than men's, and that the
discrimination was perpetuated by a system of "Guideline" percentage
raises which, although facially neutral, had the effect of
perpetuating the discrimination against them. Continuing
discriminatory selective awarding of increases out of guideline,
plaintiffs allege, has added to the discriminatory effect. Plaintiffs
also claim that women are discriminated against with regard to
promotion. The lead plaintiff, Edna Nussbaum (# 122 in the data set),
is a pediatrician and an assistant professor. She claims
discrimination against her by reason of sex, both with regard to pay
and lack of promotion.
The medical school denies discrimination and replies that any
differences in salary are due to differences in qualifications,
placement in the medical school, and experience. It is not disputed
that the salary received by any one faculty member is the result of
numerous factors, some readily quantifiable and some inherently
amorphous. The parties are agreed on the importance of such factors
as experience, number and quality of publications in scholarly
journals, the department in which the doctor works, board
certification, clinical or research emphasis, rank, and quality of
teaching.
The question for the jury is whether, after accounting for
legitimate factors, the data show a significant negative impact on
female faculty.
Last modified: Tue Nov 23 08:23:09 EST 2004