Several employees of the University Laboratory Animal Resources Department have filed an appeal to have their federal bias lawsuit against Penn reconsidered.
The plaintiffs, who are animal husbandry technicians, supervisors and managers, allege that since 1975, ULAR -- opened by the Medical School in 1990 to expand its animal experimentation and care facilities -- has practiced racial discrimination in promotion and disciplinary practices.
A suit was initially brought against the University two years ago by 34 African-American ULAR workers and dismissed last summer by U.S. District Court Judge John Padova.
But although the lawsuit was dismissed and their motion for reconsideration was denied, the appellants have refiled their grievances to the United States Court of Appeal, Third Circuit Court, to be heard in April, where a committee of three judges will review the case.
The suit claimed that ULAR prevented its animal husbandry technicians from becoming research technicians, which can lead to higher paying positions. According to the complaint, 95 percent of the animal husbandry technicians are African-American, and 95 percent of the research technicians are white or Asian.
As no new information has been introduced to the case, Penn General Counsel Wendy White said that the University's position regarding the lawsuit remains unchanged, and that she is confident that the judges will arrive at the same ruling.
"We responded as we did before, that they do not have a claim," White said. "We believe the court of appeals will affirm the decision of the lower court."
White also said that the University will not take any further measures in reaction to the appellants' complaints. The appellants have raised concerns about losing their jobs because of the suit.
"We would not take any action in response to this lawsuit," White said.
But from the appellants' perspective, the struggle is far from over. In an effort to gain recognition of and support for their appeal, three ULAR supervisors will discuss the case on the radio station WDAS-AM on March 29.
Neither the three supervisors nor their attorney could be reached for comment last night.
