Recently in Kentucky Appellate Decisions Category

January 3, 2014

Kentucky Court of Appeals Reinstates Gender Discrimination Case at Northern Kentucky University

Recently, the Kentucky Court of Appeals reinstated a gender discrimination case that had previously been dismissed by a lower court judge without trial.

gavel-5-1409595-m.jpgThe case involved a situation at Northern Kentucky University's College of Business back in the early 2000s, where a female assistant professor sought to gain a promotion with tenure. Andrea Weickgenannt began as an accounting instructor at the university, before becoming a tenure-track assistant professor two years later. At the time, she was supposedly hired due to her valuable practical experience, which included employment at a major accounting firm and doing independent consulting, as opposed to her scholarship. Weickgenannt did not have a Ph.D.

The university's Reappointment, Promotion and Tenure Committee recommended promotion with tenure, finding that the articles Weickgenannt had penned for scholarship were sufficient to meet the guidelines. Yet the dean and provost did not agree, finding that Weickgenannt's scholarship work was not up to standard. After an unsuccessful appeal within the university structure, Weickgenannt then sued the university for gender discrimination. In doing so, she identified a male colleague in the Management Department who had been promoted with tenure the previous year, who had the same amount of peer-reviewed, co-authored articles as she did. Nonetheless, the lower court dismissed her claim.

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September 4, 2009

Louisville Kentucky Firefighters Entitled to Back Pay

The Kentucky Court of Appeals ruled in favor of Louisville, Kentucky firefighters in their claim filed with the Kentucky Department of Labor--Wage and Hour Division to receive back pay from the Louisville Metro Government for unpaid overtime.

The Kentucky Court of Appeals affirmed the ruling of the Jefferson Circuit Court that found Louisville Metro Government in violation of the firefighters' contract by not adding incentive and longevity pay into calculations for overtime pay for a 15 year period.

The 800 firefighters could be entitled to receive $7.6 million plus interest for the government's violation. This amount is in addition to an award of $19.7 million received in a second action filed in Jefferson Circuit Court by Louisville firefighters covering a five year period.

For more information on this ruling read the Louisville Courier Journal article.

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