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Diverse Docket: Kentucky Appeals Sends Gender Discrimination Suit to Trial

Chief Judge Glenn Acree of the Kentucky Court of Appeals concluded there was evidence to question whether a female assistant professor at Northern Kentucky University was discriminated against.Chief Judge Glenn Acree of the Kentucky Court of Appeals concluded there was evidence to question whether a female assistant professor at Northern Kentucky University was discriminated against.The Kentucky Court of Appeals has reinstated a gender discrimination suit by a female assistant professor who was denied promotion and tenure.

In 2000, Andrea Weickgenannt became an accounting instructor in Northern Kentucky University’s College of Business. Two years later, she became a tenure-track assistant professor. Weickgenannt was hired “for the value of her practical experience,” including time with a major accounting firm and independent consulting, “and was not required to get a Ph.D. to remain employed or to secure tenure,” the decision said.

The Reappointment, Promotion and Tenure Committee recommend promotion with tenure, finding that Weickgenannt’s scholarship was “more than sufficient” to meet the guidelines.

However, the dean and provost disagreed, concluding that Weickgenannt’s scholarship, including peer-reviewed articles, was inadequate. Weickgenannt filed an unsuccessful formal appeal within the university.

She then sued the university for gender discrimination, but a lower-court judge dismissed the case without trial.

In overturning that decision, the appeals court acknowledged that inadequate scholarship would be a legitimate, nondiscriminatory reason not to promote Weickgenannt or grant her tenure.

Even so, the court said she identified a male faculty member in her college’s Management Department who was promoted with tenure a year earlier. He had the same number of peer-reviewed articles as she did and they were co-authored, as were hers.

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