U. denies claim in age bias case

A University attorney last week denied that the University discriminated against a 61-year-old woman who charges in a lawsuit that the University retaliated against her for originally filing an age bias complaint with the state. "We did not discriminate against her or retaliate against her in any way," said Hope Comisky, a lawyer representing the University. "We have a very strong defense. We did not do anything wrong." In a suit filed against the University last July, Janet Smithgall, a former research specialist at the University, claims she filed an age discrimination complaint with the Pennsylvania Human Relations Committee after she was fired in June, 1989. The suit claims Smithgall and the University settled the complaint, but that the University violated the agreement by continuing to discriminate against her. The suit also claims that the University retaliated against Smithgall for filing the original complaint. In the suit, Smithgall accuses the University of "unilaterally and arbitrarily changing [Smithgall's] job description so as to exclude all professional duties . . . [reducing] her position to that of a clerk." The suit also claims the University denied Smithgall what the complaint calls "the fundamental perquisites of an employee 'identity' such as door keys, identification, a name tag, a mailbox and a desk." In the University's response to the lawsuit, the University maintains that it did not violate the settlement agreement and that its behavior was in accordance with the agreement. Smithgall is seeking awards of backpay and future earnings. She also asks the court to either mandate her rehire or promotion, as the court sees fit. Comisky said the University is not currently considering settling the case.