Med School grad joins sex discrimination suit
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The American Association of University Women’s Legal Advocacy Fund has added a fourth plaintiff to its sexual-discrimination lawsuit against Stanford. Barbara Zylbert, a 1996 graduate of the Medical School, alleges that Stanford broke its promise to protect her from further discrimination after she charged a prominent faculty member with sexual harassment. When Zylbert was a student at Stanford, the faculty member threatened to destroy her career if she did not submit to his sexual advances. Zylbert reported the incident to the University but did not come forward with formal charges, fearing that a lawsuit would damage her career. Stanford encouraged her to file charges and promised her protection from further prejudice if she did. In a written and verbal agreement with Zylbert, Stanford promised that it would protect her and help her investigate any future discrimination. Zylbert did file a formal complaint against the faculty member, who issued a formal apology. When Zylbert went to a one-year transitional residency program at Santa Clara Valley Medical Center, she complained to Stanford of discrimination and asked that the University intervene on her behalf. According to the statement of the case on www.gender-equity.org, “In response [to this request], Stanford repudiated its obligations and abruptly terminated what had been, up to this time, its continuing efforts with [Santa Clara Valley Medical Center] on Zylbert’s behalf.” The University also would not allow Zylbert to perform training rotations at Stanford Hospital, which were a regular part of the residency program. Following these actions, Zylbert decided to sue Stanford. According to a memorandum released by the University General Counsel’s office, “Stanford had legitimate, non-retaliatory reasons for its decision.” The statement cites Zylbert’s “out of control” behavior at Santa Clara Valley Medical Center and her failure to “complete even the first year of two other post-graduate residency programs she had dropped out of before getting to [Santa Clara Valley Medical Center].” The memorandum concludes that “there is no evidence that Stanford’s reasons were a pretext for unlawful retaliation for her complaint seven years earlier.” “We believe her claims are not meritorious,” said Debra Zumwalt, the University’s general counsel. “We believe that we’ve complied fully with our agreement with her.” Dan Siegel, Zylbert’s attorney, said, “The debate is over what is it that we would have to prove to convince the court that there was a relationship between the problems with the internship and Stanford. There is no doubt . . . people teased [Zylbert] about what happened at Stanford. Is that enough? Or is the court going to require that we prove that someone from Stanford contacted them and told them directly [to harass her]?” “I’m hopeful that Stanford has come full circle,” Zylbert said. She explained that when this case began 10 years ago, the administration was conducive to addressing gender discrimination at Stanford, but that the subsequent administration did not deal with these issues. “Now we have a new administration that I hope will be very understanding to discrimination.” Currently, Stanford is seeking rejudgment of the case, claiming that Zylbert does not have a case against the University. “We are hopeful that [the rejudgment] will eliminate the case,” Zumwalt said. Zylbert’s trial date is set for Feb. 19, 2002. Between now and then, Siegel and his defense team will examine depositions, collect expert depositions and attend settlement meetings. “I hope [Stanford] will settle because what we really want more than money is for Stanford to train Zylbert,” he said. Zylbert agreed, saying, “I never had problems with anyone else at Stanford, I never experienced discrimination from anyone else at Stanford. I would love to come back to Stanford.” Zylbert cited the support of Elliott Wolfe, associate dean for student affairs at the Medical School, whom she said has supported her throughout the legal process. Wolfe knew Zylbert during her years at Stanford, as a dean and as a professor. “I’ve been tying to help her even though I’m an employee in the University,” he said. “I’ve been put in a strange position.” Zylbert said she is “optimistic” about the outcome of the case. “It would be tremendous for Stanford to welcome me back, it would show that they’re turning a new leaf and honoring their promises,” she said. Source : daily.stanford.edu |