New York City Commission on Human Rights v. Pace College, 47 N.Y.2d 704 (1979)

Statistical data alone is insufficient to prove a pattern of sex discrimination in academic tenure decisions; however, evidence that an employee was treated differently due to their gender, even if not overtly discriminatory, can support a finding of unlawful discrimination.

Summary

The New York City Commission on Human Rights appealed a decision overturning its finding that Pace College (now University) discriminated against women faculty, specifically Dr. Winsey, in promotion and tenure. The Court of Appeals modified the order, holding that while statistical data presented was insufficient to prove a widespread pattern of discrimination, there was sufficient evidence to support the Commission’s finding that Dr. Winsey was discriminated against due to her sex and assertive advocacy for her rights, which was viewed negatively because she was a woman.

Facts

Dr. Winsey, a faculty member at Pace College, filed a complaint alleging sex discrimination in promotion and tenure decisions. She held a doctorate in cultural anthropology and a master’s degree in speech and human relations. She was initially hired as an adjunct professor in 1966 and became a full-time associate professor in 1968 in the Social Science Department after failing to secure a position in the Speech Department. She was informed by the head of the Speech Department that he did not like women around him because he could not use “four-letter” words and that he could not pay her as much as a man because it would “demoralize” his department. Despite positive evaluations and a heavy workload, her attempts to be promoted to full professor were unsuccessful, and she was ultimately given a terminal contract.

Procedural History

The New York City Commission on Human Rights found Pace College guilty of sex discrimination. Special Term overturned the Commission’s determination. The Appellate Division affirmed the Special Term’s decision. The New York Court of Appeals granted leave to appeal.

Issue(s)

1. Whether the statistical evidence presented was sufficient to support the Commission’s finding of a pattern of discrimination against women faculty at Pace College.

2. Whether there was sufficient evidence to support the Commission’s finding that Dr. Winsey was individually discriminated against because of her sex.

Holding

1. No, because the statistical data was superficially plausible but failed to account for historical reasons and a proper pool of eligible candidates.

2. Yes, because there was sufficient evidence that Dr. Winsey was treated differently than a similarly situated man would have been, due to her gender and assertive advocacy for her promotion.

Court’s Reasoning

The Court held that while statistics are helpful in determining discriminatory employment practices, a statistical predicate alone is not enough, especially when historical reasons exist for statistical bias. The Court emphasized the fallacy of drawing employment ratios from a large group without limiting it to those eligible for hiring or appointment. The Court noted the Commission failed to adequately define the pool of eligible candidates for comparison.

However, regarding Dr. Winsey’s individual complaint, the Court found sufficient evidence to support the Commission’s finding of discrimination. Explicitly discriminatory comments made to and about her, coupled with her termination after she pursued promotion, suggested that she was treated differently due to her sex. The court reasoned that Pace’s justification that Dr. Winsey was a “troublemaker” was pretextual. The Court stated, “What Dr. Winsey did to cause her termination would not have been considered ‘troublesome’ if she had not been a woman.”

The Court emphasized that those who discriminate unlawfully rarely do so openly, instead resorting to subtle tactics and mixed motives. In this case, the evidence of Dr. Winsey’s non-promotion had this character, and the commission was entitled to weigh the evidence and draw permissible inferences.

The Court quoted Judge Fuld in Matter of Holland v Edwards, “those who discriminate unlawfully are not likely to do so in open, plainly-appearing fashion… Instead, there is likely to be covert resort to subtle tactics and the pretext of intermingled motives and reasons to obscure the substantial cause.”