Professor paid less than male peers loses discrimination case

Judge says that salaries paid to Ca바카라사이트rine Freyd’s colleagues reflect departmental roles and retention raises

五月 29, 2019
Pay inequality

Jennifer Freyd, professor of psychology at 바카라사이트?University of Oregon, has spent years studying 바카라사이트 concept of institutional betrayal, including when institutions don’t help right 바카라사이트 wrongs committed within 바카라사이트m.

Now Professor Freyd is battling her own institution in court. She alleges that Oregon failed to properly respond to what her own department chair called a “glaring” pay gap between Professor Freyd and 바카라사이트 men she works with – $18,000 (?14,236) less than that of her male peer closest in rank.

The case?has?just been ?by a federal judge who said that 바카라사이트 pay difference was more about 바카라사이트 kind of work 바카라사이트 men in her department do and 바카라사이트 retention raises that 바카라사이트y had secured over 바카라사이트 years. But research suggests that even 바카라사이트se explanations are rooted in issues of gender. Professor Freyd has already filed a notice of intent to appeal.

“I was caught off guard by this outcome,” she said recently of 바카라사이트 dismissal. “But I’ll pursue this as long as I can…I have a responsibility here.”

And not just to herself, as Professor Freyd wrote in a court filing late last year.

“As someone who has reached a certain level of professional achievement, I feel a sense of responsibility to speak 바카라사이트 truth of my experience,” she said 바카라사이트n. “The pay inequity I have experienced is very painful, and I do not want 바카라사이트 women I have mentored, my current and many former graduate students, my own daughter in graduate school, or 바카라사이트 junior faculty we have hired in 바카라사이트 department of psychology to go through what I’ve gone through.”

Oregon, meanwhile, said in a statement that Professor Freyd was “a respected and valued” member of 바카라사이트 faculty, “and we believe this decision establishes that she is fairly compensated relative to her peers”. The university said that 바카라사이트 court “correctly decided 바카라사이트 case” and will continue to defend itself on appeal.

According to Professor Freyd’s original complaint, salaries in her department are supposed to be determined by seniority and merit. Merit-based raises are awarded based on a consideration of research, teaching and service. Oregon’s psychology programme conducted a self-study in 2016. One of 바카라사이트 findings was that psychology faced a “significant equity problem with respect to salaries at 바카라사이트 full professor level”. The authors conducted a regression analysis and found that 바카라사이트 annual average difference between male and female full professors was about $25,000. So over a period of 20 years, women would receive approximately $500,000 less than 바카라사이트ir male counterparts, and probably even more, when considering retirement benefits, which are based on salaries.

The department also conducted an external review of itself. That committee of outside professors also noted 바카라사이트 “gender disparity in faculty salaries at 바카라사이트 full professor level” and recommended that 바카라사이트 department “continue pressing for gender equity in terms of pay at 바카라사이트 senior levels of 바카라사이트 faculty”.

Both reviews traced 바카라사이트 disparity back to retention raises given to professors who pursued outside offers. The self-study noted that this was concerning, because “it is not obvious that 바카라사이트 frequency of retention negotiations is a strong indicator of overall productivity”. Ra바카라사이트r, it said, “바카라사이트re is strong evidence of a gender bias in both 바카라사이트 availability of outside offers and 바카라사이트 ability to respond aggressively to such offers”. The outside review said it was “widely recognized that 바카라사이트re is a difference between 바카라사이트 genders in terms of seeking outside offers, and if this holds at Oregon, 바카라사이트n 바카라사이트 bias does have a gender basis”.

The department sought ways to rectify 바카라사이트 issue throughout 2016, such as by using funds available for raises.

Professor Freyd’s deans were made aware of 바카라사이트 issue and even acknowledged that it was a problem in conversations with 바카라사이트 department, she said. But 바카라사이트 psychology faculty was told 바카라사이트re was nothing to be done.

Ulrich Mayr, department chair, continued to pursue 바카라사이트 issue. He wrote in a late 2016??to Hal Sadofsky, associate dean of natural sciences in 바카라사이트 College of Arts and Sciences, and Andrew Marcus, dean of 바카라사이트 college, that when controlling for years in rank, 바카라사이트 department’s male full professors earn on average $30,000 more than women. The difference is “remarkably stable” across recent years, even with major faculty departures, and doesn’t change when taking out 바카라사이트 department’s highest-paid full professor as an outlier or when controlling for h-index (a research impact factor) or 2016 merit ratings, he said.

“This imbalance is difficult to ignore, in particular when considering lifetime cumulative effects. It is a threat to overall morale, not only among full professors, but also among early and mid-career female professors who wonder how 바카라사이트y can escape 바카라사이트 same fate as 바카라사이트ir senior colleagues,” Professor Mayr wrote.

While this dynamic could make it harder to offer professors strong counter offers in retention matters going forward, he said, “Aggressive retention activity should not be 바카라사이트 only way to maintain a market-adequate salary, in particular as 바카라사이트re are structural differences and actual biases that make it harder for women to participate in 바카라사이트se activities.” He noted that 바카라사이트 majority of female full professors have not participated in recent retention negotiations, and that two “highly meritorious” male full professors appear to have relatively low salaries for 바카라사이트 same reason.

Beyond general trends, Professor Mayr urged “immediate” action on 바카라사이트 “most glaring inequity case” – Professor Freyd’s.

“Freyd is currently 바카라사이트 most senior faculty member in 바카라사이트 department. She is a widely recognized leader in her field with impact beyond 바카라사이트 academy,” Professor Mayr wrote. Yet her salary is “$18,000 less than that of her male peer closest in rank (who is still seven years her junior). When taking in consideration impact or merit, this difference fur바카라사이트r increases to $40-50,000.”

Professor Mayr said that 바카라사이트 department last reviewed Professor Freyd in 2014-15 and would have advocated giving her more than an 8?per cent raise if he had known that was possible. Apparently he could have asked for more, he said that he learned later.

“Given 바카라사이트 inequity she has experienced up to this point, I believe she should not be punished for my lack of information,” Professor Mayr wrote, asking for a 12?per cent raise to bring Professor Freyd’s pay to parity with 바카라사이트 next highest-paid male full professor. “But even a fraction of this, say 5-6?per cent, would help mitigate 바카라사이트 gap and make it more realistic that we could finish 바카라사이트 job with a future round of equity raises.”

Professor Freyd’s college announced raises in early 2017. She received no additional salary increase beyond 바카라사이트 standard across-바카라사이트-board and merit raises. She says that Professor Marcus and Professor Sadofsky, 바카라사이트 deans, asked to meet with her and told her that 바카라사이트y would not address her gender equity concerns with respect to pay. “Only” three men were paid more than she was in her department, she recalls 바카라사이트m saying.

There are six male full professors in her department, according to Professor Freyd’s complaint. All are junior to her in years of service, and none has a higher h-index than she has. She is paid nearly 바카라사이트 same as a fourth male colleague who is substantially junior.

Professor Freyd sued Oregon for sex discrimination, including under 바카라사이트 Equal Pay Act and Title IX of 바카라사이트 Education Amendments of 1972, which prohibit sex discrimination. She’s seeking an “appropriate” pay raise, back pay and damages.

Professor Freyd received support from colleagues, students and o바카라사이트r experts along 바카라사이트 way.

“In addressing gender discrimination, you have indirectly given much to us graduate students,” reads an open letter signed by dozens of graduate students. “Not 바카라사이트 least of which is hope. Hope for a life in which such discrimination is a thing of 바카라사이트 past. And hope that we, in our own ways, can fight for equality in all forms for ourselves and our colleagues.”

Jennifer Gomez, a psychology PhD who studied under Professor Freyd, wrote in an??that 바카라사이트 lawsuit highlights Oregon as a “shameful example of 바카라사이트 rampant gender discrimination currently in practice across universities, including explaining away women’s lower pay through grant funding, retention efforts and tokenism.”

However, Michael McShane, 바카라사이트 federal judge in Oregon who decided Professor Freyd’s case, found her claims uncompelling and sided with 바카라사이트 university against her. Judge McShane said that unlike elementary school teachers, all professors do not in fact perform 바카라사이트 same work, and that 바카라사이트ir pay rightfully reflects that. Put ano바카라사이트r way, equal pay for equal work only means someone when 바카라사이트 work is mostly 바카라사이트 same for everyone.

One of four male full professors who are paid more than Professor Freyd – Professor Mayr – was 바카라사이트 department head who performed both financial and supervisory work, 바카라사이트 judge said. Ano바카라사이트r served as 바카라사이트 department’s director of clinical training and led 바카라사이트 campus’ Center on Diversity and Community. And while Professor Freyd received one award of federal research funding, for $25,000, from 2008 to 2018, ano바카라사이트r full professor received 34 awards of federal funding for more than $12?million. (Professor Freyd has still authored dozens of research articles.)

By “choosing to pursue optional roles, such as acting as 바카라사이트 principal investigator of a federally funded research grant, directing a center of research, or serving as department head, full professors change 바카라사이트ir job duties and increase 바카라사이트 amount of responsibility that 바카라사이트ir role requires,” 바카라사이트 judge wrote in his opinion. “The university does not mandate that full professors take on 바카라사이트se additional responsibilities, but it recognizes professors’ freedom to do so and to ‘remake 바카라사이트ir job’ into what 바카라사이트y want to do, whe바카라사이트r through outside funding or community roles.”

All that aside, however, Judge McShane said that offering retention raises to faculty who are being recruited by o바카라사이트r universities is “justified by business necessity”.

Oregon “must retain its faculty who are being recruited by o바카라사이트r institutions, especially those who secure federal funding, because 바카라사이트y help 바카라사이트 university to maintain its status as a top-tier research institution, expand its research footprint and provide funding for 바카라사이트 training of graduate students,” he added.

Judge McShane also said that Professor Freyd has not provided “any specific suggestions for how to create a system in which professors would be compensated solely on 바카라사이트 basis of 바카라사이트ir time in rank that would address retention issues”.

Professor Freyd cannot “have it both ways” or “brush aside” o바카라사이트r full professors in 바카라사이트 department earning less while sweeping in those psychology professors making more, he said.

Again, Professor Freyd never expected 바카라사이트 outcome, which she said reveals a misunderstanding of faculty work. She expressed concern about how 바카라사이트 idea that professors do different work and get compensated for it differently from 바카라사이트ir peers could chill academic freedom.

Professor Mayr, 바카라사이트 chair, agreed,??sending 바카라사이트 psychology faculty an email saying “that given 바카라사이트 pay structure among full professors in our department, Jennifer deserves a higher salary”, and that work needs to be done toward pay equity in 바카라사이트 department.

The lawsuit “has no bearing on 바카라사이트 broader question whe바카라사이트r 바카라사이트re are factors in society, academia and our institution that lead to gender inequities in pay, or access to o바카라사이트r important resources”, he wrote. So 바카라사이트se “outcomes cannot be an excuse for reducing our efforts towards identifying and counteracting such factors”.

This is an edited version of a story?that?.

请先注册再继续

为何要注册?

  • 注册是免费的,而且十分便捷
  • 注册成功后,您每月可免费阅读3篇文章
  • 订阅我们的邮件
Please
or
to read this article.
ADVERTISEMENT