Miami Business Professors Continue Lawsuit On Pay Issues

BY ALEX McKEON
Miami University journalism student

Two Miami University business professors are moving forward in their lawsuit against the university, with a trial date set for next summer.

Late last month, Kelly Brunarski and Yvette Harman, both associate professors of finance in the Farmer School of Business, completed depositions in the suit, filed in U.S. District Court on Feb. 15.

The professors originally alleged that Miami violated the federal Equal Pay Act in paying them less than male colleagues. Their suit also alleged that Miami created a hostile work environment and engaged in discrimination and retaliation in the workplace. In Sept. 28 court filings, however, the two sides agreed to eliminate all complaints but the pay issue.

They earlier moved those other complaints -- ones that essentially painted the Farmer School as an "old boys network" that made it difficult for them and other female professors to succeed -- to the Butler County Common Pleas Court. They dropped that case, filed June 9, on June 24.

The federal case that remains is set for trial beginning Aug. 7, 2017.

Male vs. female pay

In their initial complaint, the professors compared their publications and salary to those of two male colleagues.

The lawsuit said Brunarksi had five publications in top journals and six since tenure, and that Harman had three in top journals and seven since tenure. They were paid $172,500 and $176,238, respectively, in 2015, according to the suit.

In comparison, David Shrider, also an associate professor of finance, was paid $197,701 in 2015 and had one major publication in a top journal and four since tenure. In addition, David Nixon, another associate professor of finance, was paid $183,502 with four publications since achieving tenure but none in top journals.

Brunarski and Harman declined to comment on the pending litigation, and their lawyer did not return calls seeking comment. They are seeking compensatory damages in excess of $250,000, plus unnamed punitive damages and attorney fees.

In their lawsuit, they maintain they are paid less because they are female. They also argue that student evaluations are biased in favor of male faculty, without providing any details.

"There are no qualifying factors under the Equal Pay Act (seniority, merit or otherwise) that justify the disparity in pay between the plaintiffs and Dr.s. Shrider and Nixon," the suit says.

Miami seeks dismissal

In its Sept. 28 reply to Brunarski and Harman's scaled-down suit, Miami denies all claims of gender discrimination and asks the court to dismiss their complaint.

According to the court filings, Miami increased the annual salaries of Brunarski and Harman to $183,502, retroactive to July of 2015. They continue to argue that the "are substantially underpaid as contrasted with their male counterparts." Miami, meantime, denies that their latest pay increase was a reaction to their lawsuit.

According to the Miami University Director of News and Communications Claire Wagner, there isn’t one way the university determines pay for its faculty.

“As in any industry, higher education has agencies and media that study via survey what other professors are making,” said Wagner.

Professors have the ability to earn raises for performance, and according to Wagner, some jobs require different salaries in order to keep professors from pursuing more lucrative opportunities.

“When you are promoted you get a certain raise,” said Wagner. “However within higher education there are some departments and there are some jobs that are harder to fill than others. Some salaries are approved to get a boost in order to achieve a good pool of candidates.”

Photos: Miami University's Farmer School of Business sits at the corner of Patterson and High streets. Kelly Brunarski (left) and Yvette Harman recently completed depositions in their lawsuit against Miami University. -- Photos by Miami University

Note: This story was updated Oct. 13 to add information about the Butler County case.