Female Scientist Files Suit Against Duke School of Medicine For Discrimination, Retaliation

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On August 10, 2023, a female scientist in the anesthesiology department at Duke University’s School of Medicine filed a complaint against the school under Title VII and the Equal Pay Act. She told the U.S. District Court for the Middle District of North Carolina that Duke paid her less than her male colleagues, increased her hours without increasing her pay, and threatened her with demotions after complaining about it.

According to the complaint (lawsuit), she was the first female principal investigator (PI) to work in Duke’s hyperbaric medicine center. The term “principal investigator,” as used in scientific research, means an individual with a medical degree or Ph.D. appointed directly by third parties (usually the sponsors) to lead and oversee funded scientific research projects on their behalf.

Alleged Hostile Work Environment.

Reportedly, on August 14, 2019, the scientist accepted the position of Assistant Consulting Professor in the Department of Anesthesiology at the Duke University School of Medicine. Because she was expecting to undergo several surgeries, she negotiated a part-time role in which she would work ten hours per week at a $30,000 salary, according to the suit. The federal government funded her projects. Duke clarified it paid her $70 an hour. Additionally, the lawsuit alleged that she was promised to receive more money if she exceeded 10 hours per week.

However, the plaintiff said that her supervisor began assigning her to additional work starting in December 2020 and raised her hours to 20 to 40 hours per week without any extra pay. She contacted the human resources department, but the problem went uncorrected, according to court documents.

Additionally, she began talking to her other colleagues, who were male PIs, about their pay rates and learned that they were all making more than her. The suit claimed that one male PI earned $100,000 for the same work she performed while receiving less than half that amount.

Alleged Gender Discrimination.

The scientist alleges that she complained to Duke about gender discrimination in August 2021. She said her supervisor presented her with an ultimatum two weeks later:
She could either be demoted to a staff position or be downgraded to a job assisting a male PI or resign from her current faculty position. She refused all options, the complaint said.

Subsequently, Duke allowed her contract to lapse, leaving her with 20 hours a week and unclear employment rights under the university’s internal policies, the suit said. According to the complaint, this resulted in her making far less than the $70-per-hour pay rate she was not only promised but also that the university was charging the federal government.

Therefore, she claims in the complaint Duke’s refusal to compensate her at the same pay rate as her male counterparts constitutes a violation of the Equal Pay Act.

The University’s Alleged Retaliation.

After she filed her complaints with the U.S. Equal Employment Opportunity Commission (EEOC), Duke allegedly retaliated against her, according to the suit. This occurred when Duke tried to reclassify her to a nonfaculty position and deprive her of human resources (HR) services and grievance rights.

She also claims that the university interfered with her attempts to escape the discriminatory and retaliatory environment of the anesthesiology department. The complaint states that Duke required her to apply only for staff positions and refused to allow her to be hired as faculty by another department. Still, according to the suit, her supervisor “spread malicious and false information about her” and told her she was ineligible for a transfer. And by mid-2022, she said, her supervisor had begun to refuse to speak directly to her altogether.

Her suit seeks back pay, punitive damages, and attorney fees. To read the entire lawsuit (complaint), click here.

To read other legal documents, visit our website’s Articles and Documents section.

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At the Health Law Firm, we provide legal services for all health care providers and professionals. This includes physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors, resident physicians and fellows, assisted living facilities, ambulatory surgical centers, nursing homes, and other healthcare providers. We represent principal investigators, clinical professors, medical researchers and others in defense of allegations of scientific misconduct, research fraud and similar matters.

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To contact The Health Law Firm, please call (407) 331-6620 or toll free at (888) 331-6620 and visit our website at www.ThehealthLawFirm.com.

Sources:

Freedman, Emmy. “Duke Paid Female Scientist Less Than Male Peers, Suit Says.” Law360. (August 10, 2023). https://www.law360.com/health/articles/1709732?nl_pk=0cbd4c0b-c6c8-416a-9e67-b4affa63b102&utm_source=newsletter&utm_medium=email&utm_campaign=health&utm_content=2023-08-11&read_main=1&nlsidx=0&nlaidx=18

Dalesio, Emery. “Duke University to Pay $54M to Settle Suit Over Hiring Agreement with UNC.” Insurance Journal. (June 7, 2019). https://www.insurancejournal.com/news/southeast/2019/06/07/528679.htm

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

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Copyright © 2023 The Health Law Firm. All rights reserved.

 

By |2024-03-14T09:59:18-04:00October 11, 2023|Categories: Medical Education Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Female Scientist Files Suit Against Duke School of Medicine For Discrimination, Retaliation

HHS Announces Voluntary Resolution Agreement With University Of Southern California Medical School to Settle Sex Discrimination Complaints

Author HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On June 15, 2022, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), and the University of Southern California (USC), along with its medical enterprise, Keck Medicine of USC (KMUSC), entered into a voluntary resolution agreement or settlement. In a statement released to the public, HHS said the agreement would resolve a compliance review of KMUSC Entities’ policies and procedures for responding to sex discrimination complaints made by students, employees, or patients employed by, or participating in, any programs or activities receiving Federal financial assistance from HHS.

Read the press release in full here for more information.  HHS OCR initiated the compliance review on June 10, 2019, to assess KMUSC’s compliance with Title IX in its handling of sexual harassment complaints.

Compliance With Federal Civil Rights Obligations Under Title IX.

Pursuant to Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in federally assisted education programs or activities, KMUSC Entities have agreed to:

1. Periodically notify all students, employees, and patients engaged in, furthering, benefiting from, or responsible for any educational operation, program, or activity at KMUSC Entities of the name, title, office address, email address, and telephone number of the Title IX Coordinator and the Deputy EEO/Title IX Coordinator for Healthcare;

2. Institute a new chaperone policy requiring clinicians to have a medical chaperone present while performing a sensitive health examination;

3. Update employee training modules to include information regarding the requirements of Title IX in the healthcare setting, including potential Title IX issues that may arise in the context of the provider-patient relationship, the roles and responsibilities of chaperones, and the identification of those health care providers who are qualified and charged with determining the medical standard of care when such issues arise in the context of a possible Title IX matter; and

4. Ensure KMUSC’s Title IX policy and resolution processes are fully implemented and readily available to all students, employees, and patients with respect to any educational or other University operation, program, or activity at KMUSC Entities.

Read the HHS Voluntary Resolution Agreement.

To learn more about the changes that were made to Title IX regarding campus assault rules, click here to read my prior blog.

If You Are the Victim of Sex Abuse or Discrimination–Take Action.

Attorneys of The Health Law Firm are constantly being consulted by resident physicians, fellows, and medical students who are the victims of sexual abuse, harassment, or discrimination because of their sex, gender, medical condition race, or national origin. This may come from a program director, department chair, senior resident, or attending physician. It is very important to document this through a formal complaint before it gets out of hand or negatively affects your career. To get legal help navigating your way through a difficult situation, contact one of the experienced attorneys at The Health Law Firm.

Contact Experienced Health Law Attorneys Representing Medical Students, Residents, and Fellows.

The Health Law Firm routinely represents students, including medical students, dental students, nursing students, pharmacy students, resident physicians, and fellows, who have legal problems with their schools or programs. We also represent students, residents, and fellows in investigations, academic probation and suspensions, disciplinary hearings, clinical competence committee (CCC) hearings, and appeals of adverse actions taken against them. The Health Law Firm’s attorneys include those who are board-certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys.

To contact The Health Law Firm, please call (407) 331-6620 or Toll-Free (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Health Law & Business. “HHS Settles Title IX Bias Complaints With USC, Medical Center.” Bloomberg Law. (June 15, 2022). Web.

“USC Under Investigation for Title IX Violations in Handling Claims of Sexual Assault.” Thomas Law Offices. (July 25, 2018). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with The Health Law Firm, which has a national practice. Its main office is in Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Suite 1000, Altamonte Springs, Florida 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2022 The Health Law Firm. All rights reserved.

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