University of Michigan Law School
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Case Name Rudebusch v. State of Arizona EE-AZ-0127
Docket / Court CV-95-01313 ( D. Ariz. )
State/Territory Arizona
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On June 30, 1995, a group of male professors filed suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq., and 42 U.S.C. §§ 1981 and 1983 against the State of Arizona in United States District Court of the District of Arizona. The plaintiffs, represented by private ... read more >
On June 30, 1995, a group of male professors filed suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq., and 42 U.S.C. §§ 1981 and 1983 against the State of Arizona in United States District Court of the District of Arizona. The plaintiffs, represented by private counsel, asked the Court for declaratory, injunctive and compensatory relief alleging that the Northern Arizona University's President's decision to create an unequal pay scale favoring minorities violated the plaintiffs' rights to equal protection. Specifically, the plaintiffs contended that the policy was not justifiable as no previous discrimination had occurred in hiring of the University's professors.

The litigation was sparked when Northern Arizona University's President, Dr. Eugene Hughes, tried to rectify an imbalance in the composition of the University's professors by adding increased financial incentives for minorities, either racial or gender. A white male professor at the school, Rudebusch, objected along with a group of female and non-minority males. This group, including Rudebusch, filed suit. Rudebusch v. Arizona, 436 F.Supp.2d 1058 (D. Ariz. 2006).

On September 30, 1996, the Court (Judge Broomfield) certified the case as a class action. Meanwhile, the group of non-minority males also filed suit. On November 1, 1996 the two cases were consolidated. After a lengthy discovery period, the case went to trial.

On December 18, 2000, the jury reached its verdict, finding in favor of the defendant on all three claims: equal protection race, equal protection gender, and Title VII civil rights.

Thus, on December 29, 2000, the Court (Judge Broomfield) dismissed the case. The plaintiffs then appealed to the Circuit Court.

On December 9, 2002, the United States Court of Appeals of the Ninth Circuit, affirmed in part, and reversed and remanded in part. The Court held that certain aspects of the litigation had not been properly addressed, and thus, could not affirm summary judgment on all claims. The Court held that Hughes had immunity, but that the issue over the effects of the money still needed to be resolved. Rudebusch v. Arizona, 313 F.3d 525 (9th Circuit. 2002). The Court remanded for a determination whether certain Defendants could have been held liable under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq. Rudebusch v. Arizona, 436 F.Supp.2d 1059 (D. Ariz. 2006).

At a pre-trial conference on December 19, 2003, the parties stipulated to a bench trial of the remaining issue of Title IV liability and that if liability was found, to additional discovery as to damages. Rudebusch v. Arizona, 436 F.Supp.2d 1059 (D. Ariz. 2006).

On June 30, 2004, the Court (Judge Broomfield) issued its findings that liability for the defendants' violation of Title VII had been established. Rudebusch v. Arizona, 436 F.Supp.2d 1059 (D. Ariz. 2006). Then there was a long period of discovery relating to money involved, as both sides had to bring in experts to properly predict the expected values of salaries.

On June 7, 2006, the Court (Judge Broomfield) denied the defendant's motion for summary judgment and in part granted the plaintiffs' cross motion for summary judgment. The Court wanted hard evidence of what the statistical rates of salary increase, and neither side provided adequate information in that regard. Rudebusch v. Arizona, 436 F.Supp.2d 1069 (D. Ariz. 2006).

On August 14, 2006, the Court (Judge Broomfield) ordered counsel for Plaintiffs to submit a proposed judgment of the statistics of pay scale increase. Rudebusch v. Arizona, 2355257 WL 2 (D.C.A.Z. 2006).

On February 23, 2007, the Court denied defendants' motion for summary judgment and granted plaintiffs' cross-motion for summary judgment. Plaintiffs were awarded damages as outlined in the document.

On September 21, 2007, the Court (Judge Broomfield) ruled on the attorney's fees. The Court awarded less than the plaintiffs had asked for. Rudebusch v. Arizona, 2774482 WL 14 (D.C.A.Z. 2007). This was the last action of the case, as the docket was closed that same day.

Matthew Aibel - 05/06/2008

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Issues and Causes of Action
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Affected Gender
Pay / Benefits
Race discrimination
Sex discrimination
Pattern or Practice
Plaintiff Type
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1983
42 U.S.C. § 1981
Defendant(s) Dr. Eugene Hughes
State of Arizona
Plaintiff Description All professors at NAU, who did not benefit from minority status and were thus not entitled to bonuses during the year of 1993
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Damages
Source of Relief Litigation
Form of Settlement Confession of Judgment
Order Duration 2006 - 2007
Case Closing Year 2007
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

3:95−cv−01313 (D. Ariz.)
EE-AZ-0127-9000.pdf | Detail
Date: 09/21/2007
Source: PACER [Public Access to Court Electronic Records]
General Documents
Order Affirming in Part District Court's Decision (313 F.3d 506)
EE-AZ-0127-0003.pdf | WESTLAW| LEXIS | Detail
Date: 12/09/2002
Source: Google Scholar
Order Granting Plaintiffs' Motion for Summary Judgment (436 F.Supp.2d 1058) (D. Ariz.)
EE-AZ-0127-0002.pdf | WESTLAW| LEXIS | Detail
Date: 06/07/2006
Source: Google Scholar
Order Directing Plaintiff to Submit Proposed Judgment for Damages (2006 WL 2355357) (D. Ariz.)
EE-AZ-0127-0005.pdf | WESTLAW | Detail
Date: 08/14/2006
Source: Westlaw
Judgment (Final Order) (D. Ariz.)
EE-AZ-0127-0001.pdf | Detail
Date: 02/23/2007
Source: PACER [Public Access to Court Electronic Records]
Order Reducing Proposed Attorneys' Fees (2007 WL 2774482) (D. Ariz.)
EE-AZ-0127-0004.pdf | WESTLAW | Detail
Date: 09/20/2007
Source: PACER [Public Access to Court Electronic Records]
Judges Broomfield, Robert Cameron (FISC, D. Ariz.)
EE-AZ-0127-0001 | EE-AZ-0127-0002 | EE-AZ-0127-0004 | EE-AZ-0127-0005 | EE-AZ-0127-9000
Kleinfeld, Andrew Jay (D. Alaska, Ninth Circuit)
McKeown, M. Margaret (Ninth Circuit)
Rymer, Pamela Ann (Ninth Circuit, C.D. Cal.)
Monitors/Masters None on record
Plaintiff's Lawyers Cook, Rosemary Stathakis (Arizona)
Horne, Thomas C. (Arizona)
Lorona, Jess A. (Arizona)
Defendant's Lawyers Countryman, Kenneth Sean (Arizona)
Currey, Rebecca Smith (Arizona)
Hudson, Lisa Kaye (Arizona)
Other Lawyers None on record

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