Legal Advocacy Fund Cases
Margolis v. Williams College
Case History
Anne Margolis, former assistant professor in the English department at Williams College in Massachusetts, brought a complaint against the college, alleging sex discrimination in the denial of tenure in violation of Title VII of the Civil Rights Act of 1964 and Massachusetts state laws.
Margolis began her employment at Williams in 1978 as a full-time tenure-track assistant professor of English. During her time at the college, she also became active in promoting women’s studies on campus. In late 1981 and upon Margolis’ request, the college shifted her status from full time to part time, while maintaining her tenure-track status. Margolis requested this shift to part time status because she wanted to spend more time at home with her newborn child. Margolis stated that the college assured her that her change in status would not affect her anticipated tenure decision.
The college reviewed Margolis’ tenure application in 1983 and decided not to grant her tenure. She appealed the decision internally—which required her to appeal to the same committee that had denied her tenure—and was unsuccessful. She filed a complaint with the Massachusetts Commission Against Discrimination (MCAD) in 1984, alleging that Williams discriminated against her based on her sex by denying her tenure, promotion, and reappointment. In 1986, MCAD completed its investigation and issued a probable cause finding that Margolis’ allegations of sex discrimination were true, and certified the case for a public hearing on the matter.
In the midst of the discovery process prior to the public hearing, MCAD ordered Williams to turn over roughly 100 tenure documents to Margolis for review. The college refused, citing academic freedom considerations, and appealed MCAD’s decision to a single justice of the Massachusetts Supreme Judicial Court. The college lost this challenge and was in the process of filing a second appeal when the U.S. Supreme Court handed down a decision stating that the First Amendment does not shield academic employees from having to turn over tenure files. Williams ultimately settled with the college in 1991.
Key Issues
Sex discrimination in the denial of tenure in violation of Massachusetts state laws and Title VII of the Civil Rights Act of 1964.