After settling her lawsuit against Indiana University for age discrimination, Annette Wyandotte, associate professor of English and former dean of the School of Arts and Letters, will continue to work at IU Southeast.

In April 2010, Wyandotte was told she could no longer keep her position as dean because of an IU rule forcing administrative positions to retire at 65.

In Wyandotte’s academic review, the School of Arts and Letters voted in favor of her continuing her position as dean.

However, despite the review, she was still forced to step down.

Wyandotte then decided to file a complaint of age discrimination.

“When you’re told you have to step down and you know you did a good job, it feels very discounting,” Wyandotte said.

The Age Discrimination of Employment Act makes it unlawful for businesses to force retirement on employees based on age.

However, there is an exception to the rule which states if an employee has reached 65 and is entitled to $44,000 in retirement, the employee may be forced to retire.

Since Wyandotte was not entitled to the retirement funds, Indiana University settled the lawsuit, and she was offered back her position as dean.

“When I was offered the deanship back, it was very affirming,” Wyandotte said.

As part of the settlement, Wyandotte said she was awarded $25,000 from Indiana University.

Although Wyandotte was allowed to return as dean, she decided to keep her current position, as well as being the interim associate vice chancellor of Academic Affairs.

However, Wyandotte said she was also able to keep her current salary and benefits from her former position.

Mark Land, associate vice president of University Communications at IU Bloomington, said he was happy with the results.

“We are pleased that we were able to settle this case and that she will remain on staff,” Land said.

Land said there are three main tests or conditions to review before someone is asked to retire. The person must have held an executive position for two years, reached the age of 65 and be qualified for a $44,000 pension plan.

“In those cases it’s not considered age discrimination to ask them to retire at 65,” Land said.

Although she was happy to be offered her position back, Wyandotte said she wished there was more she could do to change the age policy.

“I am disappointed I couldn’t test the law as it’s standing,” Wyandotte said. “Why should Congress put an exception to age discrimination based on the amount of retirement you will get?”

Wyandotte said she does not believe Indiana University will change the policy based on her case.

“It’s disappointing because the law is still there,” Wyandotte said. “You can always do more than the law requires. I wish IU would do more and get rid of the policy.”

Land said the policy will remain, but Indiana University will put more effort into making sure the tests qualifying someone to retire at 65 are accurately completed.

“What we’re going to do is make sure that we are careful and accurate in applying these tests,” Land said. “I don’t think there’s going to be sweeping changes to our policy.”

Throughout the lawsuit, Wyandotte said IU Southeast treated her respectfully and was supportive of her efforts.

“I never felt I was being judged by anyone,” Wyandotte said.

She said her new administrative position involves coordinating projects for the diversity committee. The job involves deciding what projects to continue and helping with projects that are underway.

This includes projects for the International Programs, Women and Gender Studies Program and other diversity programs.

“My job is to do whatever I can to help,” Wyandotte said.

In her new position, Wyandotte said she started a faculty learning community. The community is made up of schools that meet to study different ways of incorporating diversity settings in the classroom.

“It’s meaningful to do this diversity work,” Wyandotte said. “I like the fact that I can work with the whole campus. It’s another area to grow in.”

BRITTANY POWELL

Staff

bripowel@ius.edu