Kentucky Supreme Court Denies Review in Gender Discrimination Suit
October 25, 2009
By Brian Smith, Richmond Register, Ky.
Oct. 25--A gender discrimination suit against Berea College dating back to 2003 will return to a Madison County courtroom Nov. 5 following a decision by the Kentucky Supreme Court.
The justices declined to review a 2008 Kentucky Court of Appeals decision that partially vacated the verdict in the case of Claire Schuster, a nursing professor who sued the college for alleged discrimination in the hiring of a male professor at a higher salary.
The appeals court decision remanded the case back for further proceedings after the three-judge panel determined former Madison Circuit Judge Julia Hylton Adams erred in preventing Schuster's attorneys from getting documents on possible discrimination in hiring for all departments at the college between 1994 and 2004.
Schuster's attorneys have filed the motion on the Nov. 5 docket asking Madison Circuit Judge William G. Clouse to compel Berea College to provide the documents as ordered in the appeals court decision.
The motion claims that when Schuster's attorneys requested the documents on Sept. 23, the college responded on Sept. 25 and said it was preparing for a "monumental task of additional discovery" before a Nov. 15 deadline.
In an Oct. 2 letter to the college, Schuster's attorneys asked to inspect the documents before copies were made, as permitted under state procedural rules in civil suits.
A copy of an Oct. 5 response from the college's attorney accuses Schuster's lawyers of "abuse of discovery" in an attempt to force a settlement, and states "you will not be visiting Berea College on Nov. 15."
The letter also claims the college will ask the court for protective orders, and claims that Schuster is not entitled to the additional documents because the appeals court decision did not grant a new trial.
Schuster had lost a jury trial in the case, in which she claimed that Berea College had discriminated against her by hiring its first male professor, who had no teaching experience, at a higher rank and salary than her own in 2002.
In preparation for the trial, Schuster's attorneys had asked the court to require Berea College to identify all the college's employees, including their gender, hiring date, starting and current job title, starting and current salary and supervisor.
Adams limited that request by protective order to only employees of the nursing department between 1994 and July 1, 2004, and denied a later request from Schuster to reconsider the order.
The motion is scheduled to be heard Thursday, Nov. 5 at 9:30 a.m.
Brian Smith may be reached at bsmith@richmondregister.com or at 624-6694.
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