A discrimination lawsuit filed against Penn last spring by several employees of the University Laboratory Animal Resources Department was dismissed this summer.
The suit, filed by 34 African-American employees of ULAR, was dismissed by U.S. District Court Judge John Padova in July. The plaintiffs, who were animal husbandry technicians, supervisors and managers, alleged that ULAR has practiced racial discrimination in promotion and disciplinary practices.
According to the initial complaint, there is a large gap between the racial makeup of the animal husbandry technician staff at ULAR and the higher paid position of research technician.
"Ninety-five percent of animal husbandry technicians at [ULAR] are African-American," the complaint reads. "Ninety-five percent of the research technicians... are white or Asian."
The lawsuit claims that the discriminatory practices date back to 1975.
The decision to dismiss hinged in part on the plaintiffs' claim having been filed after the required period. Plaintiffs in discrimination suits are required to file within 90 days of receiving permission to sue from the Equal Employment Opportunity Commission.
Additionally, the court found that the plaintiff's claim of infliction of emotional distress was without merit "because [such claims are] barred by the Worker's Compensation Act and because the facts alleged in the complaint are not of a magnitude to state a claim as a matter of law."
According to the University Office of the General Counsel, the plaintiffs filed a motion for reconsideration -- asking the judge to look at facts they believed he might have overlooked -- which was denied on Aug. 14. The plaintiffs then filed an appeal on Aug. 10. The appeal has not yet been heard.
Both Arthur Makadon, Penn's lawyer in the case, and ULAR Director Jeffrey Linn declined to comment. The plaintiffs' lawyer, Vivienne Crawford, could not be reached for comment.
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