Ottaviani v. State University of New York

875 F.2d 365
CourtCourt of Appeals for the Second Circuit
DecidedMay 9, 1989
DocketNo. 49, Docket 88-7159
StatusPublished
Cited by10 cases

This text of 875 F.2d 365 (Ottaviani v. State University of New York) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ottaviani v. State University of New York, 875 F.2d 365 (2d Cir. 1989).

Opinion

PIERCE, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of New York, Kram, J., in which the court found in favor of defendants on all of the Title VII claims asserted by individual faculty members and a class of similarly situated plaintiffs, following a lengthy bench trial.1 The decision of the district court is published in a thorough and lengthy opinion at 679 F.Supp. 288 (S.D.N.Y.1988), familiarity with which is assumed herein. Appellants contend the district court erred in its decision and principally attack the district court’s treatment of the evidence presented in support of their Title VII claims. For the reasons that follow, we affirm.

BACKGROUND

This complicated Title VII suit was commenced by and on behalf of full-time, academic rank female faculty members at the State University of New York (“SUNY”) at New Paltz (“the University”) who were employed in the University’s Division of Liberal Arts and Sciences at any time between academic years 1973 and 1984. The plaintiffs alleged that between 1973 and 1984, the University discriminated against female members of its faculty on the basis of gender in three separate categories: (1) placement in initial faculty rank at the University, (2) promotion into higher rank, and (3) salary. Judge Kram conducted a bench trial which extended over nine months on all of the plaintiffs’ claims, and both parties presented extensive evidence to the court. For the sake of brevity, we will discuss only so much of the proceedings below as is relevant to our discussion of the key issues raised on appeal.

During the trial, the district court basically considered two types of evidence — objective statistical evidence and extensive “anecdotal” evidence. The statistical evidence presented by both sides consisted primarily of data produced by means of various “multiple regression analyses.” Depending upon the party presenting the statistical evidence, the data was intended to either demonstrate or rebut the plaintiffs’ claim of a pattern of ongoing discrimination against women within the University in all three of the contested categories.

A. The Statistical Evidence

Multiple regression analysis is a statistical tool commonly used by social scientists to determine the influence that various independent, predetermined factors (so-called “independent variables”) have on an observed phenomenon (the so-called “depend[367]*367ent variable”). See Eastland v. Tennessee Valley Auth., 704 F.2d 613, 621 (11th Cir.1983), cert. denied, 465 U.S. 1066, 104 S.Ct. 1415, 79 L.Ed.2d 741 (1984); Fisher, Multiple Regression in Legal Proceedings, 80 Colum.L.Rev. 702, 702, 705-06 (1980). In disparate treatment cases involving claims of gender discrimination, plaintiffs typically use multiple regression analysis to isolate the influence of gender on employment decisions relating to a particular job or job benefit, such as salary. See, e.g., Sobel v. Yeshiva Univ., 839 F.2d 18, 21-22 (2d Cir.1988); EEOC v. Sears, Roebuck & Co., 839 F.2d 302, 324-25 & n. 22 (7th Cir.1988); Palmer v. Schultz, 815 F.2d 84, 90-91 (D.C.Cir.1987).

The first step in such a regression analysis is to specify all of the possible “legitimate” (i.e., nondiseriminatory) factors that are likely to significantly affect the dependent variable and which could account for disparities in the treatment of male and female employees. See Sobel, 839 F.2d at 20-21; Segar v. Smith, 738 F.2d 1249, 1261 (D.C.Cir.1984), cert. denied, 471 U.S. 1115, 105 S.Ct. 2357, 86 L.Ed.2d 258 (1985); Fisher, supra, at 713-14. By identifying those legitimate criteria that affect the decision making process, individual plaintiffs can make predictions about what job or job benefits similarly situated employees should ideally receive, and then can measure the difference between the predicted treatment and the actual treatment of those employees. If there is a disparity between the predicted and actual outcomes for female employees, plaintiffs in a disparate treatment case can argue that the net “residual” difference represents the unlawful effect of discriminatory animus on the allocation of jobs or job benefits. See Palmer, 815 F.2d at 90-91; D. Baldus & J. Cole, Statistical Proof of Discrimination § 3.2, at 94 (1980); id. § 8.02[1], at 245-46.2

In this case, the parties’ statistical experts each determined what factors they thought were relevant to the setting of salaries and rank at the University, and used those factors as independent variables in their multiple regression analyses. By accounting for all of the “legitimate” factors that could affect salary and rank in general, the plaintiffs hoped to prove that there was a net “residual” difference or disparity between the predicted and actual salaries and rank of female faculty members that could only be attributed to ongoing gender discrimination within the University. Conversely, the defendants sought to attribute observed disparities in the pay and rank of male versus female faculty members to “legitimate” factors such as unequal job qualifications.

1. Plaintiffs’ Proof of Salary Discrimination

a. Plaintiffs’ Main Salary Study

The plaintiffs’ main salary study was contained in Trial Exhibit 882 and purported to demonstrate the difference in salaries between male and female faculty members at New Paltz. According to the plaintiffs’ statistical expert, Dr. Mary Gray, women actually earned from $1,036 to $2,277 less than their predicted salaries in each year of the class period. The defendants challenged these findings on several grounds, but principally attacked the plaintiffs’ study for its failure to include certain independent variables which the defendants claimed were influential in the setting of faculty salaries at the University.

The plaintiffs’ main salary study incorporated the following independent variables: (1) number of years of full time teaching experience prior to hire at New Paltz; (2) number of years’ teaching experience in academic rank at New Paltz; (3) possession of a doctorate degree; (4) number of years since obtaining the doctorate degree; (5) [368]*368number of publications; (6) other experience prior to hire at New Paltz; and (7) years of full-time high school teaching experience. The plaintiffs’ statistical expert, however, did not include academic rank variables in her main salary study such as prior rank, current rank, and years in current rank. Although Dr. Gray conceded that these three factors may influence salary decisions, she maintained that academic rank itself was subject to discrimination at New Paltz, and that the use of rank variables would therefore be inappropriate.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
875 F.2d 365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ottaviani-v-state-university-of-new-york-ca2-1989.