A disability discrimination suit filed by a former professor against Syracuse University is headed to trial in July 2016.

Elizabeth Fowler, who was a tenure-track associate professor in the College of Visual and Performing Arts’ Department of Foundation, sued the university in February. Fowler claims in the lawsuit that she was “unlawfully terminated” from her job last January because she took several leaves of absence related to disability and pregnancy. SU has denied all wrongdoing.

For five months, both parties attempted to mediate and possibly settle the suit out of court, according to a document filed with the U.S. District Court for the Northern District of New York. In July, the parties terminated mediation.

A trial before a three-person jury is now scheduled for July 25 in federal court.

Fowler, who is representing herself in the lawsuit, claims that SU used the leaves of absence against her when evaluating her for tenure and continued employment. This treatment led Fowler to believe SU violated the Americans with Disabilities Act, the New York Human Rights Act and a section of the Civil Rights Act dealing with pregnancy discrimination.

Fowler stated in the lawsuit that she dealt with a compressed nerve in her neck since October 2011; a disability she claims exacerbated her clinically diagnosed depression. She underwent neck surgery in March 2012, but still experienced complications, so she asked that SU not consider the 2011-2012 academic year when evaluating her for tenure. SU granted this request.

She also asked that the 2008-2009 and 2010-2011 school years not be counted in her tenure evaluation because she was on parental leave, which SU also granted.

Prior to her disability, Fowler received a merit raise for her “exceptional performance” and was told by the university that she was on track for tenure. After her leaves of absence, Fowler said she was harassed, treated unfairly, discriminated against and eventually “constructively fired” by SU, the lawsuit states.

Fowler is seeking compensatory damages for loss of wages, benefits and other employment-related payments, in addition to punitive damages. She was not immediately available for comment.

Published on August 22, 2015 at 3:27 pm

Contact Annie: apalme05@syr.edu