Affare V. University Of Tennessee

Case Background

On January 26, 2022,  Dr. Sandra Affare filed a racial discrimination lawsuit against the University of Tennessee. She alleged she was passed over for a tenure track position in the engineering department because of a combination of her race and sex by a department that was biased in favor of non-black men and men in general.

The employment discrimination case was filed in the United States District Court, Tennessee Eastern (Chattanooga). The case was assigned to District Judge Charles E Atchley, Jr and referred to Magistrate Judge Christopher H Steger. [Case number: 1:22cv18]

Cause

Plaintiff Sandra Affare worked as a faculty member within the University of Tennessee system. From February 1, 2018, to July 31, 2021, she served as a full-time, non-tenure-track Assistant Professor of Practice at the University of Tennessee Space Institute (UTSI). After her contract ended, she transitioned to a part-time, non-tenure-track adjunct faculty position at the University of Tennessee at Chattanooga (UTC).

In 2019, the Plaintiff applied for a full-time, tenure-track faculty position in UTC’s Engineering Management and Technology (EMT) Department. The search committee, composed entirely of male faculty members, included Dr. Aldo McLean, an African American who had faced discrimination in the department. Dr. McLean eventually resigned from his tenured role in 2022 due to continued issues.

Among approximately 50 applicants, the Plaintiff was deemed qualified and participated in a Zoom interview. She ranked sixth overall, but the committee excluded her from the candidates invited for in-person interviews. The first pool of interviewees consisted entirely of men, none of whom were African American. Notably, one lower-ranked candidate with similar weaknesses as the Plaintiff, a white male, received an invitation.

Dr. McLean raised concerns with UTC’s Office of Equity and Inclusion (OEI) about the exclusion of the Plaintiff. After investigating, OEI recommended that she be given an on-campus interview. Dr. SeongDae Kim, the search committee head, emailed members, stating that OEI’s request was based on her minority status and current adjunct role.

Despite completing her interview, UTC first offered the position to the lower-ranked white male candidate, who declined. The university then extended the offer to another male candidate, who also showed weaknesses but accepted. The EMT Department has historically excluded women and African Americans from tenure-track roles, with all tenure-track faculty being male and non-Black.

Damages

UTC’s EMT Department’s deliberate decision not to hire women or individuals of African American descent caused Affare significant harm. She experienced lost opportunities for employment, wages, and benefits. Additionally, she missed the chance to earn interest on those wages and benefits. The department’s actions also prevented her from advancing to the rank of Associate Professor with tenure. If Affare prevailed at trial, she sought compensation for lost wages, future earnings, and emotional distress.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Sandra Affare
    • Counsel for Plaintiff(s): James W Friauf | Kisha Lorea Cheeks
  • Defendant(s): University of Tennessee
    • Counsel for Defendant(s): Caitlyn Luedtke Elam | T Harold Pinkley, Jr

Claims

Affare filed a racial discrimination lawsuit, claiming the decision not to hire her for the tenure-track position was discriminatory. She argued that the committee, composed entirely of non-Black males, acted with bias. According to her, they even offered the position to a less qualified white male candidate instead of selecting her.

Defense

The Defendant denied that race or gender influenced their decision. Instead, it claimed its goal was to strengthen the department’s national research reputation. The university aimed to achieve “Carnegie 2” status, which requires awarding 20 doctoral research degrees and spending at least $5 million on research.

Jury Verdict

The case was tried for three days in Chattanooga. On October 10, 2024, the jury found that Affare had not proven by a preponderance of the evidence that the failure to hire her was intentional and motivated by her race. It answered a similar charge on sex in the same way and Affare took nothing. A defense judgment has been entered for the university.

Court Documents:

Available upon request