SPH Lecturer Sues University For Gender Bias

Almost one year after they first filed the suit, lawyers for Harvard School of Public Health (SPH) Lecturer Tamara E. Awerbuch-Friedlander have completed the discovery phase of her lawsuit against the University in which she alleges she was the victim of gender discrimination at the school.

In papers filed with the Middlesex County Superior Court in June 1997, Awerbuch-Friedlander claims she was denied appointment to "tenure-track" positions because of her gender.

In the suit, she also alleges that when she complained about the situation, SPH officials retaliated by crating a "hostile work environment." Awerbuch-Friedlander is suing for compensation for lost wages and other damages valued at no less than $350,000, according to documents filed with the court.

No individual defendants are named in the suit.

"The time that I could have devoted to my research and my family went to trying to fix the damages that Harvard caused," Awerbuch-Friedlander said in an interview yesterday. "I was harassed pretty much when I complained."

In legal documents submitted by the University's General Counsel's Office, Harvard denied the charges.

University spokesperson Alex Huppe declined to comment on the case, citing the University's policy of not discussing pending legal matters.

However, Huppe did say that Harvard is committed to a policy of nondiscrimination.

The suit alleges that, although she was qualified, Awerbuch-Friedlander was passed over several times for promotions from 1989 to the present.

Awerbuch-Friedlander's suit claims that in one case which occurred in 1989, SPH administrators failed to promote her to an assistant professorship in the Department of Biostatistics despite a recommendation for the appointment by the Standing Committee on Appointments, Reappointments and Promotions (SCARP).

The suit also claims systematic discrimination against women at SPH. According to Jonathan Shapiro, a Boston-based attorney who is representing Awerbuch-Friedlander in the dispute, "There has been a pattern of similar actions with respect to other women at the School of Public Health."

Shapiro said he knows of at least one other woman who had made similar complaints against SPH.

The suit alleges that past SPH job searches were merely "formalities," designed to give an impression that positions were open to all.

"The manner in which [SPH] hires its faculty deprives women of equal opportunities because the school creates positions to fit the person who it wants to hire, and those persons are almost always male," said the plaintiff's complaint tothe court.

Awerbuch-Friedlander also claims thatcomplaints to the administration resulted inretribution. The suit says, among other things,that she was refused secretarial services, movedfrom an office to a cubicle and her name wasomitted from a staff directory in two differentyears.

But in its legal response, the University saidwhen such actions were taken, they were eitheraccidental or for "legitimate andnon-discriminatory reasons."

As required by law, Awerbuch-Friedlandersubmitted her complaint to the MassachusettsCommission Against Discrimination (MCAD) beforefiling her lawsuit.

Shapiro acknowledged that MCAD found there tobe no probable cause to support the plaintiff'sclaims.

But he said the commission's procedure, whichdoes not include an opportunity to cross-examinewitnesses, does not allow for a sufficient airingof facts relevant to the case.

"We think [the decision] was incorrect. That'swhy we filed suit," Shapiro said in an interviewyesterday.

But, speaking on the condition of anonymityyesterday, some women who work at SPH said theyhad never experience the discriminationAwerbuch-Friedlander said was prevalent. Instead,they said that gender relations at SPH are good.

"I've had the impression that this is a goodtime to be a woman at the School of Public Healthbecause actions related to promotions [are]undertaken fairly," said one female junior facultymember.

She said improving the status of women at SPHhas been "a priority" of the administrations ledby University Provost Harvey V. Fineberg, formerdean of SPH, and current Acting Dean James H.Ware.

Ware declined to comment on the case or on hisefforts at SPH. Fineberg could not be reached forcomment.

Another SPH staff member said she has noticedthe administration's attention focused on issuesof staff diversity.

"The School of Public Health has done somewonderful things in terms of diversity ofperspective, as well as diversity across gender,racial and ethnic lines," the staff member said.

Awerbuch-Friedlander said other women haveexpressed similar concerns about promotionprocedures at SPH, but have not followed throughwith their complaints. She said she hoped herlawsuit would spur changes.

"I want to make a difference, but not a point,"she said.

Shapiro said he expects that if the case goesto trial, it will do so by the end of the year

Awerbuch-Friedlander also claims thatcomplaints to the administration resulted inretribution. The suit says, among other things,that she was refused secretarial services, movedfrom an office to a cubicle and her name wasomitted from a staff directory in two differentyears.

But in its legal response, the University saidwhen such actions were taken, they were eitheraccidental or for "legitimate andnon-discriminatory reasons."

As required by law, Awerbuch-Friedlandersubmitted her complaint to the MassachusettsCommission Against Discrimination (MCAD) beforefiling her lawsuit.

Shapiro acknowledged that MCAD found there tobe no probable cause to support the plaintiff'sclaims.

But he said the commission's procedure, whichdoes not include an opportunity to cross-examinewitnesses, does not allow for a sufficient airingof facts relevant to the case.

"We think [the decision] was incorrect. That'swhy we filed suit," Shapiro said in an interviewyesterday.

But, speaking on the condition of anonymityyesterday, some women who work at SPH said theyhad never experience the discriminationAwerbuch-Friedlander said was prevalent. Instead,they said that gender relations at SPH are good.

"I've had the impression that this is a goodtime to be a woman at the School of Public Healthbecause actions related to promotions [are]undertaken fairly," said one female junior facultymember.

She said improving the status of women at SPHhas been "a priority" of the administrations ledby University Provost Harvey V. Fineberg, formerdean of SPH, and current Acting Dean James H.Ware.

Ware declined to comment on the case or on hisefforts at SPH. Fineberg could not be reached forcomment.

Another SPH staff member said she has noticedthe administration's attention focused on issuesof staff diversity.

"The School of Public Health has done somewonderful things in terms of diversity ofperspective, as well as diversity across gender,racial and ethnic lines," the staff member said.

Awerbuch-Friedlander said other women haveexpressed similar concerns about promotionprocedures at SPH, but have not followed throughwith their complaints. She said she hoped herlawsuit would spur changes.

"I want to make a difference, but not a point,"she said.

Shapiro said he expects that if the case goesto trial, it will do so by the end of the year