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Judge Repeals Injunction, Allows Librarian's Firing

NO WRITER ATTRIBUTED

A Middlesex County Superior Court judge yesterday refused to extend a preliminary injunction against Harvard for sex discrimination in the firing of Robin Sing, a Gund Hall librarian.

Judge Samuel Adams '50 ruled that Sing's firing was not based on her sex. An extension of the injunction would have allowed Sing to continue at her job while the Massachusetts Commission Against Discrimination investigates her case.

Charged Discrimination

In her appeal to the commission on February 28, Sing said that Cardine Shillaber, librarian of the Graduate School of Design, discriminated because she is a woman.

Sing said her discharge stemmed from problems she had caring for her four-year old daughter that forced her to bring the child to work and miss one and a half days of work.

Peggy S. Rigg, Sing's lawyer, said in court yesterday. "The decision to dismiss my client was based on a sexual stereotype of women which says that because she is a woman and because she has a child she will miss work.

George C. Caner '46, Harvard's lawyer, said, "No single fact shows sex discrimination and actually the facts show quite the opposite. Sing was discharged for reasons other than her sex by members of her sex."

"I see no indication of sex discrimination in her firing." Adams said, as he turned down Sing's suit, "Most people with small children are women," he said, "but this is not sufficient case for sex discrimination for it may be that a man would have such a child."

Caner said that Harvard was not represented at the first hearing on the injunction and that Harvard had agreed to pay Sing through March 7, so that the injunction, which Adams granted last month, was not absolutely necessary.

Reluctant Order

"I gave the restraining order very reluctantly because I had not heard Harvard's side," Adams said. "I don't regret its issuance but I see no reason for its extension."

The injunction forced Harvard to keep Sing at work temporarily. Rigg said Shillaber first told Sing that she was being fired because she had a child who would interfere with her work in the future. Only later, Rigg said, was there an actual complaint about Sing's performance.

Caner said that Shillaber knew about the pre-school child when she hired Sing on January 4. He said that Sing was fired by a woman and that her case was reviewed by another woman, Susan E. Denison.

Calls and Visits

Caner criticized Sing's performance on the job. "She received five or six calls a day and was visited on the job for periods as long as half an hour by her daughter, roommate and boy friends," he testified.

"If the restraining order is halted, she will not be able to find a job and irreparable injury will occur," Rigg said. She said that Sing is not eligible for unemployment and cannot obtain welfare payments for another 30 days.

Daniel Stener '54, general counsel to the University, said yesterday. "Rigg probably could not appeal the decision and I doubt she would anyway, because she has a pretty this case."

Rigg said that she will not appeal.

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