Judge Reverses Jury Defeat for Harvard

Middlesex County Judge Diane Kottermeyer overturned a jury's decision yesterday which would have found Harvard University guilty of both gender discrimination and later retaliation against a lecturer in biomathematics at the Harvard School of Public Health (HSPH).

The judge ruled that the defendant, Tamara Awerbuch-Friedlander, provided insufficient evidence of gender discrimination or of University retaliation after the complaint was made. The judge also ruled that the gender discrimination claim was filed too late to be heard according to the statute of limitations.

But although yesterday's decision represents a legal victory for the University, Awerbuch-Friedlander said she would not let the case end with the judge's decision.

"We will file an appeal in the next few days" she said. "I plan on fighting it, if needed, up to the Supreme Court."

Despite the judge's ultimate verdict, Awerbuch-Friedlander said she thought the jury's decision in favor of her suit was a positive sign for the future.

"We feel this is a great moral victory. I have great hopes that the appeals court will rule in my favor," Awerbuch-Friedlander said.

The lawsuit against HSPH which ended yesterday implicated University Provost Harvey V. Fineberg '67 who was dean of the school when the alleged discrimination took place. Awerbuch-Friedlander is seeking damages of $1 million in lost wages and benefits, as well as promotion at the HSPH.

Awerbuch-Friedlander alleged that she was refused promotion to an assistant professor position because she was a woman and that her job applications for positions in the ecology and epidemiology and risk analysis departments of HSPH were not properly considered. She also alleged that when she complained about being discriminated against, the University responded with hostility.

"I was not allowed to use departmental stationary. My name was removed from the phonebook. They took my office away while I was away from the country," Awerbuch-Friedlander said.

The jury supported Awerbuch-Friedlander on her charge of gender discrimination for the assistant professorship and retaliation by the University. However the judge overturned the jury's decision, and found the defendant not guilty on all counts.

In addition to citing lack of evidence, the judge found that some of the defendant's points were untimely, since they were filed more than six months after the alleged discrimination took place.

The statue of limitations for such cases states that discrimination suits against employers must be filed within six months.

According to Awerbuch-Friedlander, the reason she did not file a case immediately was because the HSPH ombudsperson advised her against it.

"When things were happening to me I went to the ombudsperson, but she said don't retaliate, otherwise it will be the end of your professional career" she said.