memorandum of law in support of motion for summary judgment

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Case: 5:09-cv-00244-KSF-REW Doc #: 41-1 Filed: 09/29/10 Page: 2 of 27 - Page ID#: 1625 ISSUES This case presents the Court with two main issues: • Gaskell claims UK denied him employment as a result of his religious beliefs. UK has presented substantial evidence that it chose a different candidate for reasons that have nothing to do with Gaskell’s religion. Since Gaskell has failed to show by a preponderance of the evidence that UK’s reasons were a pretext for discrimination, does McDonnell Douglas require dismissal of his case? • For many years, Gaskell has been giving public lectures on Modern Astronomy, the Bible, and Creation and he posted his lecture notes on the internet. Can an employer, who seeks to hire a scientist for a job involving outreach to the public, disqualify an applicant whose views are not scientifically valid, even if those views are shaped by the candidate’s religious beliefs? STATEMENT OF THE CASE In 2007, UK’s Department of Physics and Astronomy opened the MacAdam Student Observatory. The department created the observatory as a place for learning and research to be shared by faculty, students, and the public. UK welcomes the public to the observatory, and hosts a monthly public-outreach program in which it invites anyone to come and learn about astronomy. 1 In the summer of 2007, the department began looking for a director to oversee the observatory’s operations and to fulfill the observatory’s mission to make astronomy and science more accessible to students and the public at large. It began the search by posting the job on the 2 American Astronomical Society website. (Cavagnero, p. 17-18, 24). 1 A link to the observatory’s website is available at www.pa.uky.edu/observatory/. 2 Exhibit 1, Deposition of Michael Cavagnero (hereinafter “Cavagnero”) 2 The department chair, Mike Cavagnero, formed an advisory committee to review applications, conduct candidate interviews and make recommendations on who should be hired for the Director position. (Id.).
Case: 5:09-cv-00244-KSF-REW Doc #: 41-1 Filed: 09/29/10 Page: 3 of 27 - Page ID#: 1626 UK’s job posting announced its intent to establish an observatory with a combination of state and private support, and to hire a founding director to lead the observatory. 3 As the advisory committee began to discuss the nature of the director’s role, it decided on a separate list of its own criteria. In large part, these criteria matched the public posting, but added a few items. Cavagnero listed these criteria in an e-mail to the committee to include: (1) management of the physical facility, (2) instruction of students enrolled in astronomy courses AST 191 and AST 192, (3) management of graduate assistants working at the observatory, (4) development of a program of regional outreach geared toward K-12 students, (5) aiding of undergraduate physics/astronomy majors with research projects, (6) pursuit of funding for K-12 teacher education, and (7) pursuit of funding for undergraduate research. 3 The Director position is a non-faculty, staff level position. The posting described the expected duties of the director which included supervision of teaching assistants; teaching of introductory astronomy courses; maintenance and operation of the telescope and facility; and interaction with students, employees, staff, and the public. (Id.). The educational requirements for the Director included a master’s degree in astronomy or an astronomy-related field of study. (Id.) committee placed particular emphasis on the K-12 outreach criterion because one of the observatory’s donors was interested in such outreach projects. (Cavagnero p. 15-16). Applicants responded to the job posting by completing an online application form. One of those applicants was Martin Gaskell. 5 Since August 2007, Gaskell had been working as a research scientist at the University of 6 Texas’ McDonald Observatory. 3 Exhibit 2, Job Posting 4 Exhibit 3, Cavagnero e-mail dated 8/20/07 5 Exhibit 4, Gaskell on-line application 6 Exhibit 5, Gaskell CV 4 The At the time he filed his application for Director of UK’s
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memorandum of law in support of motion for summary judgment

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