Professor’s sex discrimination claim properly tossed

August 28, 2015

An Indiana University Medical School professor’s sex discrimination claim filed after her firing was insufficient to survive summary judgment, the 7th Circuit Court of Appeals affirmed Friday.

The panel upheld summary judgment in favor of the IU defendants in Dr. Subah Packer, Ph.D. v. Trustees of Indiana University School of Medicine, 15-1095. Packer alleged that her discipline, followed by her firing in 2013, was part of a plan by school leaders who had opposed her tenure to find a way to work her out.

The university cited unsatisfactory ratings in six of nine annual reviews, failure to meet publishing requirements and other factors.

“The problem, for Packer, is that when the defendants … moved for summary judgment, her counsel below did not properly support her claims with specific citations to admissible record evidence,” Circuit Judge Ilana Rovner wrote for the panel.

“Her new counsel has attempted to rectify the omissions on appeal, but this is too late in the day. Given the patent defects in Packer’s summary judgment memorandum below, we conclude that the district court properly entered judgment against Packer.”


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