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Court OKs Reverse Discrimination Suit

A white female adjunct instructor can sue Lincoln Land Community College for race and gender discrimination because the college’s equal opportunity officer added a black male instructor to the candidate pool, among other “circumstantial” evidence of possible bias, a federal appeals court ruled Thursday.

The decision by a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit stems from a 2003 lawsuit by Janine Rudin. In 2002, she was one of more than 100 applicants for a tenure-track position in business administration at Lincoln Land, the Springfield, Ill., two-year college where she had taught as an adjunct for nearly a decade.

A screening committee selected Rudin as one of numerous candidates to interview, and then, in accordance with the college’s hiring policy, the committee sent its list to the college’s equal opportunity compliance officer for review. The compliance officer then added another Lincoln Land adjunct, Paul Hudson, an African-American male, to the interview pool, in consultation with the department’s chairman, Richard Bowen.

After various members of the screening committee interviewed the various candidates, one member of the panel canvassed the committee’s members and compiled rankings of the candidates, rating Rudin second-highest and Hudson second to last. According to the appeals court, the parties dispute whether Bowen, the department chairman, had the committee’s rankings in hand when he recommended that the college hire Hudson, which he did in April 2002. In May, over the objections of Rudin, the college’s Board of Trustees hired Hudson.

Rudin sued a year later, charging the college with race and sex discrimination, but a federal judge dismissed both claims on summary judgment.

The Seventh Circuit appeals panel, though, saw the case differently, declaring that enough “circumstantial” evidence exists to justify a trial on whether or not the college discriminated against Rudin.

“The fact that Hudson was inserted into the interview pool based on his race, when combined with the other facts and circumstances of this case, is certainly relevant and probative evidence that a trier of fact may consider in determining whether LLCC had the requisite intent to discriminate when it hired Hudson instead of the plaintiff,” the panel said in its opinion.

Among the other factors cited by the appeals panel as evidence of possible discrimination were (1) statements by the department chairman that he faced significant administrative pressure to hire a minority candidate, (2) the college’s failure to follow its own hiring procedures, because the screening committee never met as a group to discuss the candidates’ relative strengths and weaknesses, and (3) Lincoln Land’s “inconsistent” and “shifting justification” for why it hired Hudson over Rudin.

The appeals panel also concluded that the lower court erred in dismissing Rudin’s claim of sex discrimination, finding that “a rational jury could indeed believe that LLCC was not truthful about its proffered reasons for hiring Hudson.”

With its decision, the Seventh Circuit sends the case back to federal court in Illinois for a jury trial on whether or not Lincoln Land actually discriminated.

In a prepared statement issued by a spokeswoman, Lynn Whalen, Lincoln Land noted that the court’s ruling does not imply “that LLCC has discriminated against anyone. It simply means that the court believes there are questions of fact and all questions of fact must be resolved by a jury.

It added: “The court took the opportunity to state that it was not passing judgment on whether the plaintiff could prove her case at trial. We believe that she will be unable to do so.”

Doug Lederman

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Comments

“Court OKs Reverse Discrimination Suit”

Interesting case. W hen I was a faculty member during the late 1990s, I sat in on tenure-appointment committees. The decisions were based heavily on race and gender. In one case, the successful candidate (as in the news story above) was clearly not qualified for the position. In fact, all three of the candidates in that particular competition were chosen on the basis of race and gender. The selected candidate was simply the one that represented (in the eyes of the committee) the most disadvantaged social group. By the end of the process, I felt it would have been more honest if we had simply taken DNA samples from the candidates and skipped the traditional interview process altogether.

K. Christopher, at 10:40 am EDT on August 26, 2005

Right on, K.C.

I’ve seen similar incidents at the Public Ivies. As Dr. Phil likes to say, “let’s call it what it is” — when certain groups are seen racing up academic hiring ladders, while others seem to be crawling, J.D. Average knows what is going on. She/he isn’t that ignorant. Provosts and presidents would be wise to keep that in mind.

A.D., at 1:12 pm EDT on August 26, 2005

PC, you gotta love it

Nobody bungles political correctness more than higher education.

Mike, at 1:13 pm EDT on August 26, 2005

Nothing new under the sun

We know it; we African Americans are always ranked second to the last! Why because of our skin color! if we are employed it is because of political correctness; what a crap.

Caucasians feel it is their right to employment, and African Americans they don’t count or do not deserve; I support Paul Hudson and LLCC more diversity in academics – teaching is not reserved exclusively to whites.

David Robertson, Professor at SUNY, at 3:00 pm EDT on August 26, 2005

Where is your evidence?

Mr. Robertson,

I do not agree that black canidates are always rated second to last and I suspect that those who are bring the problem on themselves. Where is your evidence?

James Lackey, JD, at 9:12 pm EDT on August 26, 2005

It is very curious that the individuals commenting here come to such definitive conclusions without all of the facts available. Can any of you say “critical thinking"?

D. A. Grove, at 6:29 am EDT on August 27, 2005

The center of my concern in this case is the court’s curious statement it believes that Rudin will not be able to prove her case in court. As I understand this decision, it is the standard “decision of law” which says in essence, “this case has a legal basis,” and that statement is not a pre-judging of a jury’s “decision of fact.” But if the panel believed that there was a relevant matter of law here, is this not at least an implied statement that the plaintiff has a “case” of fact that can be plausibly made? Key word here is “plausibly.” It is of course precisely NOT a statement of how the case will or must come out. IOW to find for the plaintiff the 7th Circuit implicitly finds that her case is “plausible.”

The Robertson comment is typical of the marxoid zero-sum interpretation of “discrimination” that reads law as appropriately measuring social justice against a (thoroughly nonconstitutional) norm of equal distribution of goods and services. It’s a classic example of envyism: “Whatever you have that I don’t has been taken from me.” What Rudin the “Caucasion” believes she “has a right to” is that she will be treated according to the dictates of the American social contract. You want to use the constitution to “end discrimination"? Then you commit yourself ipso facto to abiding by what the constitution says.

Michael McCanles, at 9:11 am EDT on August 27, 2005

Counselor McCanles

What Counselor McCanles Esquire omits, is the matter of “interest” — do the individuals involved have a property or liberty “interest” in how the hiring decisions are made.

Assuming that a plaintiff has a recognized “interest” in a decision, he or she may be granted standing to sue. Bring suit for what reason? That the institution or individual(s) in question did or did not follow their own stated policy(ies).

Further, the institution may shuck and jive, bob and weave, and declare that they were only following the doctrine of “Affirmative Action” as directed by the federal government; however, that doctrine or executive order must be interpreted.

The institution in this (as in many cases — yes, I’ve been on those hiring committees too) instance, appears to have taken an extreme interpretation of “. . . all other factors being equal. . .” in the Affirmative Action policy.

The court must decide: who was (possibly) injured more, the individual (who may or may not be decended from a family enslaved [or who may be a more recent Black immigrant from Trinidad, who’s family was never enslaved in the U.S.A.]) who’s “African-American” or the individual (because of his or her gender) who has systematically (or not) been discriminated against (legally or illegally) based upon the theoretical writings of Karl Marx, Frederick Engels, August Bebels, and others.

Finally (not in the case of the courts, but in the case of this little response), was the U.S. and the people who depend upon fair and consistent interpretation of the laws (and honest expenditure of state and federal monies) the fundamental “injured party(ies)?” That is, if Big State University has a set of hiring guidelines, job descriptions, recruiting and interviewing procedures, etc. and they do not follow their own rules — are the peoples and the laws injured?

This may be a stretch, but would we say that Kenneth Lay injured only those companies or individuals who invested in Enron? How about the people who had money in the banks that backed Enron? People who worked for Enron? Other companies who suffer loss of confidence by potential investors because of Enron (Worldcom, Global Crossing, etc.?

If Big State U. or Dick Cheney can interpret laws and policies to suit themselves, why not all the rest of us?

One poster said it correctly, though I won’t be able to paraphrase accurately: higher education has political correctness down to a (near) science. Any one of you with guts, no kids and no mortgage, and good connections: do a survey of the staff and administrative side of most state universities. Come back and tell us the percentage of promotions or new hires during the past ten years that were based primarily on experience, education, job skills, and professional accomplishments.

Then, contrast that number with the percentage of new hires or promotions that obviously weighed gender, sexual orientation, or ethnicity more heavily.

If true, the U.S.A. is in nearly as much trouble as countries that have historically hired and promoted based (largely) on family lineage (members of a royal family) or the ability for one to “buy” a job as in the British Army. (thank god the “red coats” were led primarily by incompetent idiots who’d purchased their commissions).

Coda: I’m not an attorney and I don’t give legal advice, nor do I practice law. If you want professional legal advice, hire a lawyer who is practicing. . . law.

Dr. Gump, at 5:18 am EDT on August 28, 2005

Tell Everyone

I hope the court’s decision is circulated far and wide, to every faculty hiring committee in the country. This sort of nonsense happens all the time, it’s illegal, and it should stop. I’ve sent tjhe decision to the U.S. Justice Department and the EEOC.

Evidence of discrimination? For starters, what if the shoe were on the other foot, and a white candidate was at the last minute added to the pool when he wouldn’t have been if he hadn’t been white, and he ended up getting the job. Would anyone bother arguing that discrimination hadn’t occurred?

Roger Clegg, General Counsel at Center for Equal Opportunity, at 2:14 pm EDT on August 29, 2005

Where is this two-year college and what is its racial makeup? What was the job applied for and what did it pay, approximately? What WERE the credentials and experience and skills of the two applicants? Does the AAUP get into things like this? At what point?

vincent, at 5:08 am EDT on September 3, 2005

riiight, all of the white guys are getting hired because of their fabulous credentials and not because of cronies in the department, teh fact that they “fit in” with the other white guys in the department without making them “uncomfortable” by not being white. And ther scholarship is valued because it addressed “universal” themes and values, not that marginal race, class and gender muck. It’s all about merit when it is white male candidates.

John James, at 4:57 pm EST on November 18, 2005

hudson

I would sure be interrested in seeing Hudsons crudentials (verified)having seen his behavoir and grading procedures first hand, I wonder how much more productive another teacher might have been?

Ben, student, at 6:10 pm EDT on April 25, 2006

Hudson

I read comment that students like him on evaulations. I had “Paul Hudsons” class at llcc and it’s because of the very easy grades. But would rather have a teacher who cares about the education of students and not one liked for making things easy. I think people should check into him a little closer too, some of his stories in class seem really far fetched. who knows though, maybe he was the best canidate, did Rudin give easy grades?

ben, student @ llcc, at 6:10 pm EDT on April 25, 2006

Diversity!

Yes, as we all know, true diversity is measured by the differences in the color of our skin or in the languages that we speak! What a crock of you-know-what. Discrimination is discrimination no matter what direction it takes!

Eileen, at 4:35 am EDT on July 19, 2006

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