Packer v. Trustees of Indiana University School of Medicine
73 F. Supp. 3d 1030
S.D. Ind.2014Background
- Dr. Subah Packer (tenured IUSM physiology faculty since 2001) worked at IUPUI’s Indiana University School of Medicine and had a record of strong teaching but limited research funding and publications.
- Department Chair Dr. Sturek prioritized extramural funding and implemented compensation/merit systems favoring grant-supported faculty; he expressed a desire to have Packer leave and reassigned her to inferior workspace.
- Packer received multiple unsatisfactory research evaluations (2005–2012), a performance improvement plan in 2011, and dismissal proceedings were initiated in 2013 for persistent failure to meet departmental standards.
- Packer filed internal grievances and an OEO/EEOC complaint (2010–2011) alleging discrimination, unequal pay, retaliation, and hostile work environment; she sued in federal court asserting Title VII claims, an Equal Pay Act claim, an Indiana wage-claim, and breach of contract.
- IUSM moved for summary judgment arguing lack of evidence of gender-based discrimination/retaliation, valid nondiscriminatory reasons for employment actions (performance and funding), failure to exhaust administrative remedies for the wage claim, and no enforceable contract for tenure-based breach claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Title VII — Disparate treatment | Packer says she was paid less and terminated because of her sex; points to male faculty who allegedly fared better without NIH grants and few female hires under Sturek | IUSM: disparities explained by neutral, job-related factors (unsatisfactory research performance, lack of grants); plaintiff lacks direct evidence and fails to identify similarly situated males | Summary judgment for IUSM — no direct evidence or prima facie showing; pretext not established |
| Title VII — Retaliation | Packer contends adverse actions followed her OEO/EEOC complaints (temporal proximity) | IUSM: termination and actions stemmed from longstanding performance issues predating complaints; plaintiff offers only self-serving affidavit and no causal evidence | Summary judgment for IUSM — no adequate causal link or pretext shown |
| Title VII — Hostile work environment | Packer claims hostile environment via poor lab space, evaluations and other adverse actions tied to protected activity | IUSM: actions were performance-related and not discriminatory harassment based on sex | Summary judgment for IUSM — plaintiff fails to show harassment because of sex that was severe or pervasive |
| Equal Pay Act | Packer alleges men were paid more for substantially equal work | IUSM: pay differences due to merit/funding/performance (lawful defenses); plaintiff failed to ID any male performing substantially equal work since the limitations date | Summary judgment for IUSM — plaintiff fails to establish prima facie EPA claim |
| Indiana Wage Claims Statute | Packer seeks unpaid wages under state statute | IUSM: plaintiff failed to exhaust administrative remedies with Indiana Department of Labor as required | Summary judgment for IUSM — claim barred for failure to exhaust administrative remedy |
| Breach of Contract (tenure) | Packer contends tenure/policy created contractual rights protecting against dismissal | IUSM: Academic Handbook disclaims contract creation; plaintiff produced no enforceable contract letters | Summary judgment for IUSM — no enforceable contract; breach claim fails |
Key Cases Cited
- Hemsworth v. Quotesmith.Com, Inc., 476 F.3d 487 (7th Cir. 2007) (summary-judgment standard and nonmoving party burden)
- Zerante v. DeLuca, 555 F.3d 582 (7th Cir. 2009) (summary-judgment review in favor of nonmovant)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (burden-shifting framework for employment discrimination)
- Andonissamy v. Hewlett-Packard Co., 547 F.3d 841 (7th Cir. 2008) (direct vs. indirect methods of proof in discrimination cases)
- Coleman v. Donahoe, 667 F.3d 835 (7th Cir. 2012) ("convincing mosaic" approach to circumstantial evidence)
- Jordan v. Summers, 205 F.3d 337 (7th Cir. 2000) (definition of pretext requires dishonest explanation)
- Stone v. City of Indianapolis Pub. Util. Div., 281 F.3d 640 (7th Cir. 2002) (elements and proof methods for retaliation claims)
- Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75 (1998) (Title VII harassment must be "because of sex")
- Stopka v. Alliance of Am. Insurers, 141 F.3d 681 (7th Cir. 1998) (Equal Pay Act prima facie elements)