Summary Judgment Denied In Refusal To Hire Creationist As Observatory Director

In Gaskell v. University of Kentucky, (ED KY, Nov. 23, 2010), a Kentucky federal district court refused to grant summary judgment to either side in a Title VII employment discrimination case brought by an astronomer who applied, but was rejected, for a position at the University of Kentucky as director of the University's new astronomical observatory.  Martin Gaskell, who was highly qualified for the position, was not hired after the search committee discovered links on Gaskell's personal website to lecture notes reflecting his creationist views. His personal website was linked to his University web page. Gaskell claims the University violated Title VII of the 1964 Civil Rights Act by using religion as a motivating factor in refusing to hire him. The University of Kentucky argues, on the other hand, that it did not consider his religion, but only his public comments about evolution which could impair his ability to serve effectively as Observatory Director. For example, one faculty member was concerned that hiring Gaskell for a position involving public outreach could create unwanted publicity particularly since the University is only 70 miles away from a controversial creationism museum. The case is covered by BNA Daily Labor Report (subscription required). [Thanks to Steven H. Sholk for the lead.]