Asst. Vice Provost Betsey Ackerson’s lawsuit against the University saw new developments when the University asked the court to dismiss the suit last Friday. Ackerson sued the University in federal court in February, claiming the University practiced pay discrimination based on gender.
In the answer to the complaint, the University asked a federal judge to dismiss the suit and issue a summary judgment in their favor.
“The Rector and Visitors of the University of Virginia respectfully request that the Court enter judgment in favor of the Defendants, dismiss all claims against them with prejudice, and award the Rector and Visitors of the University of Virginia their reasonable attorneys’ fees and costs,” the answer to the complaint read.
The University’s answer also denied the allegations of pay discrimination based on gender, citing any salary differences to other factors like merit and tenure.
“U.Va. cannot be held for any alleged wage disparity because any such disparity was the result of: (a) a seniority system; (b) a merit system; (c) a system that measures earnings by quantity or quality of production; and / or (d) any factor other than sex,” the answer read.
According to a University statement, Ackerson was hired in 2012 to serve as project manager for the University’s ongoing strategic planning process. Ackerson, who filed her complaint Feb. 15, alleges the University violated the Equal Pay Act of 1963, Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964 and the Rehabilitation Act of 1973.
The suit also alleges the pay disparity began when her former superior, Senior Vice Provost James Milton Adams, relied on Ackerson to perform duties assigned to him and manage most of the workload for the strategic planning project. The complaint alleges Adams later hired a friend, Charlie Feigenoff, to perform similar duties to Ackerson, but at a significantly higher salary.
“In 2013, Adams hired Charlie Feigenoff to work on the Strategic Plan,” the complaint read. “U.Va. paid Feigenoff to perform many duties that Ackerson already had within her purview and paid Feigenoff at a higher rate than Ackerson.”
Charlie Feigenoff is a freelance copywriter, a personal friend of Adams and a male in his sixties.
Ackerson said in court documents she first complained about her unequal pay in summer 2013, when the University expanded the scope of her duties. The complaint said although Ackerson’s superiors agreed that her work warranted a higher salary, she did not receive a pay raise when her one-year contract with the University was extended.
Although a discussion that lasted several years ultimately led to Ackerson’s salary rising from $70,000 to $110,000 per year, the complaint alleges that she was still paid less than her male counterparts.
Ackerson’s attorney Adam Augustine Carter said in an email to The Cavalier Daily that Ackerson first approached him about pursuing legal repercussions in August 2015.
Ackerson is not the first plaintiff Carter has represented against the University, although hers is his first equal pay case. In 2012, Carter successfully represented former University scientist Dr. Weihua Huang in a False Claims Act suit alleging two University administrators retaliated against him for whistleblowing on what he believed was misappropriation of a National Institutes of Health research grant.
Ackerson’s complaint seeks compensatory and punitive damages, as well as back pay and a promotion. According to court documents, Ackerson demands a jury trial for all claims.
Carter said Ackerson is seeking both monetary damages and a policy change at the University.
University spokesperson Anthony de Bruyn declined to comment on the case Tuesday.
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