A Penn State professor's discrimination lawsuit against the university was shot down March 4 after a federal appeals court upheld the original "not guilty" verdict.
The U.S. Court of Appeals for the Third Circuit echoed the decision of Judge James F. McClure Jr. that education professor Beverly Lindsay was not mistreated by the university because of any form of discrimination.
In September of 2006, Lindsay, who is black, filed a lawsuit claiming her salary increases and opportunities for promotion were not on par with those of her colleagues. She also said the university failed to provide her with first-class air travel accommodations and an office that met the needs of her undisclosed disability.
Lindsay worked as the Dean of the University Office of International Programs in 1996 until she resigned in 2002 and began teaching as a tenured professor in the College of Education.
According to the court opinion, the plaintiff produced no evidence to convince the three-judge panel that gender or racial discrimination had taken place, as Lindsay had an "already substantial salary and comparatively weaker performance."
"This is good news, and we are certainly pleased with the decision of the appeals court," Penn State spokeswoman Lisa Powers wrote in an e-mail.
Though Lindsay said she was not allowed to teach the amount or types of classes she requested, the court found Lindsay was teaching a lighter course load and most of the courses she requested.
The opinion also states the university actually veered from policy in order to meet the plaintiff's requests for her office and travel accommodations. Lindsay's travel allowance was increased and attempts were made to provide her with more suitable office conditions, but she "often failed to cooperate," according to the opinion.
Lindsay, who has been awarded multiple government-sponsored Fulbright Fellowships, wrote in an e-mail that Penn State had met her office needs for years but abruptly ceased to do so for no apparent reason.
"The developing nation of Mozambique accommodated my office needs," she wrote. "Certainly, if the Federal Government and a developing nation have recognized and accommodated my needs, then Penn State University should have continued."
University decisions regarding both of Lindsay's central grievances -- pay increases and disability accommodations -- are given "thoughtful scrutiny" at Penn State, Powers wrote. Salary adjustments are based on yearly merit evaluations and accommodation requests for disability are reviewed by experts in the field.
"This decision affirms the integrity of our policies and practices," Powers wrote. "Penn State has a proven track record as an equal opportunity employer."
The only female African American to be a tenured full professor in the history of Penn State's College of Education at the time of her suit, Lindsay wrote that she is "saddened" she could not devote as much time to her students while handling her legal matters. However, she does intend to remain a member of the university's faculty.
"I am looking forward to continuing my scholarship at Penn State so that all students and faculty at the University and elsewhere can benefit from my professional endeavors in my roles as a tenured full professor and senior scientist," Lindsay wrote.
