On June 4, 1996, female employees of St. Cloud State University ("SCSU")filed a lawsuit against the university in the United States District Court for the District of Minnesota. They alleged violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e. The plaintiffs, represented by private counsel, asked for $50,000 in damages, seeking back-pay and injunctive relief, because of alleged gender discrimination with respect to compensation, promotion and tenure, and terms and conditions of employment. It is noteworthy that a similar class action case was brought against the defendants in 1976, which resulted in a consent decree in which most class members were awarded back pay as well as adjustments in their rank and salary. Specifically in this case, the women faculty of SCSU contended that they were paid less than men for substantially similar work, and they had statistical evidence to support this contention. Further, the plaintiffs had evidence supporting that gender-based discrimination, harassment, and hostility were present in the workplace.

According to the PACER docket, on March 17, 1998 the court (Judge John R. Tunheim) granted the plaintiffs' motion to certify three classes of plaintiffs. First, a compensation class, consisting of "all female faculty of SCSU who are employed, have been employed or will be employed by SCSU and MNSCU from March 4, 1995 through the present, who receive less compensation because of their sex." Second, a promotion and/or tenure class, defined as "all female faculty of SCSU, who are employed, have been employed or will be employed by SCSU and MnSCU from March 4, 1995 through the present, who have not been promoted and/or tenured or have been promoted and/or tenured at slower rate because of their sex," and third, a terms, conditions and privileges of employment class, considered, "all female faculty of SCSU, who are employed, have been employed or will be employed by SCSU and MnSCU from March 4, 1995 through the present, who have been discriminated against in the terms, conditions and privileges of employment because of their sex."

According to documents linked to the PACER docket, on December 7, 2000 the parties entered into a settlement agreement. On March 26, 2001, the court (Judge Donovan W. Frank) issued an order for final approval of the class settlement agreement, and on June 12, 2001 the court granted the plaintiffs' motion for attorney fees. The settlement granted back-pay and injunctive relief, including salary adjustment, acknowledging the hostile work environment and harassment present at SCSU and granting compensation accordingly.

On July 19, 2002, the United States Court of Appeals for the Eighth Circuit affirmed the District Court's ruling. Fish v. St. Cloud State University, 295 F.3d 849 (2002).

Emily Kuznick - 07/25/2010


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