The Supreme Court will not hear the Florida Law professor’s appeal for sex discrimination
The lawsuit was filed by a reigning law professor in Florida who said FAMU lied in court about wage differences between male and female faculties.
The United States has declined to hear a law professor’s appeal against its same-pay and same-sex lawsuit filed against Florida A&M University.
According to Reuters, the complaint was made by Jennifer Smith, a full-time professor at FAMU who teaches civil proceedings. Smith sued the school in 2014, claiming it paid female professors less money than their male counterparts.
But less than a year after Smith’s lawsuit began, a federal jury ruled in favor of the university, stating that sex was not an explanation for the wage gap mentioned in Smith’s complaint.
However, Smith appealed the judgment to the 11th Court of Appeals.
On her appeal, Smith said FAMU conducted an in-house salary study after her case was dismissed. That study, Smith said, found that female law professors were actually paid less than their male counterparts, and prompted the university to raise the salaries of about a third of its law school.
Smith’s appeal alleges that the FAMU “committed fraud in the court relating to [her] Pay Inequality Case “as Florida A&M University appeared to recognize the validity of their claims after the lawsuit was closed.
Gavel with law books; Image by wp paarz, via Flickr, CC BY-SA 2.0, no changes.
Interestingly, the school had initially recommended raising Smith’s salary to $ 138,000, which is close to that of the highest-paid male professor.
However, the FAMU later said the professor was an “outlier” and subsequently reduced Smith’s raise to $ 125,000 a year.
According to Reuters, that increase is still over $ 5,000 above salaries in other law schools that received an increase after the discrimination study was published.
Nonetheless, the 11th Circle issued an unpublished decision in 2017 that found no evidence of fraud.
Smith told Reuters that the appeals court appears to have enacted “law” that allows employers to mis-categorize high-paid workers in order to justify gender discrimination.
“What the 11th Circuit really created was a law that allows employers to identify themselves [the] highest paid men who are traditionally men as outliers, ”she said.
Smith said she was disappointed that the Supreme Court refused to hear her appeal against the 11th Circle’s unpublished statement.
“It was [Justice] Thurgood Marshall as well [Justice] Interestingly, Clarence Thomas, [who] I have warned against ignoring unpublished opinions as they will ultimately become unchallenged laws, ”Smith told Reuters. “And I think that’s going to happen in this case.”
The Supreme Court rejects the case against the professor of jurisprudence
The Supreme Court is not going to consider Florida Law Prof’s salary discrimination case