FISHER v. VASSAR COLLEGE

Nos. 1799, 1303 and 2275, Docket Nos. 94-7737, 94-7785 and 94-9125.

70 F.3d 1420 (1995)

Cynthia J. FISHER, Plaintiff-Appellee-Cross-Appellant, v. VASSAR COLLEGE, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 7, 1995.

As Amended December 14, 1995.


Attorney(s) appearing for the Case

Maurice F. Curran, Mount Kisco, NY (James P. Drohan, Daniel Petigrow, Anderson, Banks, Curran & Donoghue, Mount Kisco, NY, on the brief), for Defendant-Appellant-Cross-Appellee.

Eleanor Jackson Piel, New York City (Herma Hill Kay, Berkeley, CA, on the brief), for Appellee-Cross-Appellant.

Judith E. Kurtz, San Francisco, CA, Martha S. West, Davis, CA, for amici curiae Equal Rights Advocates and NOW Legal Defense and Education Fund.

Michael A. Olivas, Helen D. Irvin, Ann H. Franke, Washington DC, for amicus curiae American Association of University Professors.

James R. Neely, Jr., Deputy General Counsel, Gwendolyn Young Reams, Associate General Counsel, Vincent J. Blackwood, Assistant General Counsel, Samuel A. Marcosson, Attorney, Washington, DC, for amicus curiae Equal Employment Opportunity Commission.

Before: McLAUGHLIN, JACOBS, Circuit Judges, and KAUFMAN, Senior District Judge.


JACOBS, Circuit Judge:

Following a three week bench trial, the United States District Court for the Southern District of New York (Motley, J.) found that Vassar College discriminated against plaintiff Cynthia J. Fisher in 1985 when it denied her tenure as a professor in its biology department (a) by reason of her sex together with her status as a married woman, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII") and (b) by reason of her age, in...

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