| Washington — The American Association of University Women Legal Advocacy Fund announces two victories in the ongoing battle for pay equity, with a jury decision against Texas Tech and a settlement with New Mexico Highlands University. The two Legal Advocacy Fund-supported wins came as AAUW’s membership was engaged in nationwide efforts in recognition of Equal Pay Day.
“These important outcomes occurred at a key time,” observed Lisa Maatz, interim director of the AAUW Legal Advocacy Fund. “Pay inequity continues to plague women in all areas of academia. With women nationwide making 77 cents on average for every dollar men make, women are deprived of a significant amount in real wages and in retirement income as well.”
Lucinda Miller, a former professor of pharmacy practice, sued Texas Tech in 2000 for sex discrimination. Miller’s claim focused on the denial of tenure and retaliation for her complaints about the discrimination, both in violation of Title VII of the Civil Rights Act of 1964 and Texas state laws. Miller’s case also included allegations of pay inequity in violation of the Equal Pay Act. Co-plaintiff Elaine King-Miller was the former associate dean for outcome management at the university.
During the hiring process, Miller was told that the university was prohibited from paying her more than a specified base salary and $5,000 as an administrative stipend, although Miller later discovered that other professors were paid more. The university allegedly made similar comments to King-Miller, who also discovered that other associate deans were paid more.
A jury found in favor of Miller and King-Miller’s Equal Pay Act claims and awarded them $58,000 combined in lost wages. “Perhaps because of this long battle, no other woman at Texas Tech will face the same situation and have to come to the AAUW Legal Advocacy Fund for help,” said Miller.
“Unfortunately, Miller’s experience is not isolated,” cautioned Maatz. “Her courage in facing discrimination head on and fighting for just compensation will help the cause of pay equity for all women.”
In the second AAUW Legal Advocacy Fund-supported case, Lynn deMartin sued the New Mexico Highlands University in 2005 for sex discrimination in pay, race discrimination, and retaliation for her complaints of sex discrimination, resulting in wrongful termination, all in violation of Title VII of the Civil Rights Act of 1964 and the New Mexico Human Rights Act.
A former director of the Santa Fe Center, deMartin was one of three center directors at the university; the other two were men. Initially, the university president promised all three directors they would be receiving raises, but deMartin later discovered that one of her male colleagues received a salary increase while she had not. After raising the issue, deMartin received a small raise. When the management team — of which deMartin was a part — later received a list of salary information for every employee, deMartin discovered that her two male colleagues were making more than $13,000 more per year than she was, despite the fact that numerous witnesses, including one of her male colleagues, were willing to testify that the work performed by all three directors was identical.
DeMartin and the university attempted several settlement conferences without success. According to deMartin, the university did not take her claims seriously. The day the AAUW Legal Advocacy Fund informed deMartin that it would support her case, she attended another settlement conference. Upon hearing the news of the AAUW Legal Advocacy Fund’s support, the university made a generous settlement offer.
“The deMartin settlement illustrates the significance to plaintiffs of AAUW Legal Advocacy Fund support,” explained Maatz. “Universities need to understand that these cases are important to thousands of AAUW members nationwide. Unequal pay is a blatant form of sex discrimination and cannot be tolerated. Thanks to her courage and persistence — and a little help from her friends at AAUW — deMartin was able to find justice.”
The AAUW Legal Advocacy Fund, a program of the AAUW Educational Foundation, is the nation's largest legal fund focused solely on sex discrimination in higher education. It provides funding and a support system for women seeking judicial redress for sex discrimination.
Learn more about pay equity on campus
View the full case summary of Miller v. Texas Tech University Health Sciences Center
View the full case summary of deMartin v. New Mexico Highlands University
Interviews are available with AAUW Legal Advocacy Fund Interim Director Lisa Maatz on this and other cases. Contact AAUW Director of Communications Ashley Carr at carra@aauw.org or 202/785-7745 for more information. ###
The AAUW Educational Foundation is a leader in research on the educational and economic status of women and girls. Its research on gender equity issues raises public awareness and provides a call to action for educational institutions, policymakers, legislators, and the public. The AAUW Educational Foundation is also one of the world’s largest sources of funding exclusively for graduate women. Together with the American Association of University Women, a leading advocate for equity and education for women and girls since 1881, the Educational Foundation has adopted a multiyear programmatic focus, Education as the Gateway to Women’s Economic Security. AAUW: Because Equity Is Still an Issue www.aauw.org | 
