Today a federal court in Ohio paved the way for trial in an employment discrimination case filed by two female former professors at Xavier University. The plaintiffs alleged that they were terminated from Xavier University because of their sex and age and in retaliation for filing a complaint against the department chair. In support of their sex discrimination claim, the plaintiffs alleged that while they were terminated, a male professor who had supported and collaborated with them in their complaint against the chair, was not. The federal court denied the Xavier's motion for summary judgment on their discrimination and retaliation claims (and the plaintiffs' attempt to win on the retaliation claim on summary judgment) after determining that a jury could find in their favor. The plaintiffs' Equal Pay Act claim will also proceed to trial so that a jury can determine in fact whether the plaintiffs were paid less than other faculty members for discriminatory reasons.
Decision: Finch v. Xavier University (S.D. Ohio, Feb. 10, 2010).