English professor alleges University of age discrimination case
By JASON McFARLEY
News Editor
In a five-page response that challenges professor Thomas Jemielity's standing to sue Notre Dame for age discrimination, the University has asked that a judge dismiss the case.
The response, filed Nov. 20 in U.S. District Court in South Bend, answers a complaint by 67-year-old Jemielity who alleged in an Oct. 30 suit that Notre Dame for the past nine years has fostered "a culture of discrimination against older professors in its English Department."
The suit claims that University officials have paid Jemielity less than younger professors, mistreated him both publicly and in private and forced him to retire three years earlier than he intended.
Administrators have refused to remedy the discrimination, despite Jemielity's calling the issues to the attention of deans and English Department heads throughout the 1990s, the suit alleges.
The suit seeks unspecified punitive and compensatory damages.
In its response last week from University attorney Jill Bodensteiner, Notre Dame denied allegations that it employed unfair practices and created a hostile work environment.
Some of Jemielity's claims are barred by Indiana statutes of limitations, according to Notre Dame's answer, because the professor failed to "seek relief in a timely manner."
Jemielity also failed to meet requirements of the Age Discrimination in Employment Act, according to the answer.
"The idea that there's a pattern of discrimination … as our filings indicate, that hasn't happened," University spokesman Dennis Moore said Thursday.
Jemielity could not be reached for comment Thursday.
The professor has worked at the University for more than 30 years.
Not since former assistant football coach Joe Moore's dismissal has the University faced a high-profile age-bias suit. A federal court in 1998 awarded him more than $100,000 after determining that he was fired in 1996 because of his age.
In the summer of 1998, the school settled out of court a gender-bias suit with Beth Kern. The former accounting professor alleged sex discrimination factored into the University's decision in 1993 to deny her tenure.
All News Stories for Monday, December 3, 2001
