Dr. Dobrin was scheduled to teach in a first-floor Breslin lecture hall for the Fall 2020 semester. However, he said this hall was not effective for his teaching style and would not give enough social distancing for the desired collaborative course assignments. // Photo courtesy of Julian Rocha.
Arthur Dobrin, 77, a professor emeritus and current adjunct professor at Hofstra University, filed a complaint with the Equal Employment Opportunity Commission (EEOC) after his request to teach Journalism 001 (Media Ethics) remotely was declined. He alleges age discrimination, breach of contract and failure to accommodate his medical condition.
According to Dobrin’s recollection of the events, he had taught Media Ethics remotely in Spring 2020 and he expected to teach the course remotely again in Fall 2020. He was notified by the Lawrence Herbert School of Communication (LHSC) that the course had to be taught in person. Dobrin objected to this decision and told the department he would provide a medical note in order to teach remotely. Although the date when this encounter took place was not specified, LHSC did not accept the note weeks prior to the beginning of classes.
Following Dobrin’s objection, he was no longer scheduled to teach Media Ethics. The course would have been his only one for the Fall 2020 semester.
Mark Lukasiewicz, dean of the Lawrence Herbert School of Communication, and Jeffrey Morosoff, chair of the Department of Journalism, Media Studies and Public Relations, have declined The Chronicle’s request for comment as the case is ongoing.
The University said they have not received the EEOC complaint from Dobrin but expressed the decision to have some in-person classes as one that had the educational needs of the students in mind, according to a statement previously issued by the University.
“[When planning for the semester,] the emphasis for undergraduate classes, especially introductory classes as well as lab and studio courses, was on in-person classes, while graduate classes were more online,” the statement reads. “And in any event, class assignments are never based on the age of a professor.”
Although age discrimination is one of his complaints, Dobrin’s complaint is centered around his underlying heart condition. He did not describe his condition as a medical disability, however his lawyer, Thomas Liotti, said that Dobrin’s health condition does limit him from teaching in the classroom.
“The Americans with Disabilities Act [ADA] is a future protection he should be afforded under the circumstances because his heart condition would probably limit his ability to be at the school during the pandemic,” Liotti said. “And therefore it’s probably going to qualify as a disability.”
The ADA is a civil rights law that prohibits discrimination toward anyone with a mental or physical disability in the workplace, schools, transportation and all other public and private places.
“[The Department] made the decision that Media Ethics, Journalism 001, would be taught face to face,” Dobrin said. In response, Dobrin’s cardiologist said, “You’re not going in the classroom – this is crazy. [I will write you] a medical accommodation.”
In the original complaint filed, Dobrin states that, “Faculty shouldn’t be given less considerations than that given to students.” He wondered whether the University gave students more consideration when it came to the Centers for Disease Control and Prevention (CDC) guidelines.
The elderly as well as individuals with underlying conditions, including those with a heart condition, are considered high-risk for contraction of COVID-19 and may experience life-threatening complications, according to the CDC. The guidelines specify that older adults should limit in-person interactions and maintain social distancing protocols at all times.
Dobrin indicated that he does qualify as a high-risk individual per CDC guidelines. However, as an adjunct professor, Dobrin does not have the same leverage as full-time faculty members.
The Hofstra Chapter of the American Association of University Professors and the University share a contract called the Collective Bargaining Agreement (CBA) which explains all the key components of each professor’s workload and their conditions of employment.
Martine Hackett, the Vice President of Grievances for the Hofstra chapter, says adjunct professors are not entitled to the same options as full-time professors. “If you look in the Collective Bargaining Agreement, as an adjunct you’re not guaranteed a course,” she said. Adjuncts are limited to teaching two courses a semester.
Article 24 of the contract defines adjunct professors’ conditions of employment and workload. In section six, “Seniority and Assignments,” it states that adjunct professors should understand an “assignment of the course does not guarantee that the course shall be offered.” Nonetheless, the section states that the department chairperson should inform an adjunct professor of their assignment to a course in a “timely manner,” no later than the “first day of registration,” which for the Fall 2020 semester was Sunday, March 1.
While Dobrin was informed by the deadline that he would be teaching the course, the CBA does not currently include a clause that requires the University to disclose the format of the class. Because of this, Dobrin prepared a syllabus and lined up guest speakers for the course in anticipation of having the option to teach the course remotely.
This is not the first case recently where a Hofstra employee has alleged discrimination against the University. A similar complaint was filed on April 29, 2019 with the EEOC by former Resident Director Jacqueline Bavier.
Bavier v. Hofstra University alleges that Hofstra repeatedly failed to provide her with reasonable accommodations. She also states that the University proceeded to terminate her on the basis of her disability after denying several requests to have her dog, Lady, be classified as a service dog and not an emotional support animal. The case claims violation of the ADA and the New York State Human Rights Law (NYSHRL).
The NYSHRL defines reasonable accommodations as a modification made to assist prospective or hired employees with their daily tasks.
According to the official complaint on record with the U.S. District Court, three days after being hired as a Resident Director Bavier submitted an accommodation letter to bring her service dog on campus and was approved. However, Bavier states that difficulties to make the distinction between emotional support animal and service dog arose, ensuing a series of issues regarding the ability to allow her dog on campus grounds. The complaint cites an incident in which a Public Safety officer failed to recognize her dog as a service animal and insisted that she “get rid of it” and would not be allowed back into the residence hall until she complied.
This account is an amended version of the original complaint, filed on June 2017, which the University states was dismissed. “This is a five-year-old case that was previously dismissed by the New York state Division of Human Rights,” the University said in a statement. “We are confident the University handled the matter appropriately.” The University did not provide a comment for the amended 2019 complaint currently on file. Bavier’s lawyer could also not be reached for comment.
Workplace discrimination is illegal and one of the grounds in which a firing may be declared unjust under the current employment and union system in New York state.
Liotti explained that the grounds for firing an individual are often vague. “We are unfortunately in a hiring and firing at will state,” Liotti said. “Unless you have a written contract – like a union contract – then you basically can be fired at any given time for any particular reason unless there’s discrimination involved.”
The non-discriminatory clause in the CBA states, “Neither party shall discriminate against any faculty member because of race, color, religion, sex, sexual orientation, gender identity or expression, age, national or ethnic origin, physical or mental disability, marital or veteran status or union activity.”
Dobrin calls his ordeal “morally unacceptable,” and hopes to resolve the issue in the near future so he may resume teaching. “That’s to be determined. It isn’t completely up to me,” Dobrin said. “What I can say is that I miss teaching.”
[email protected] • Feb 22, 2024 at 7:42 pm
i am glad to see that Arthur Dobrin continues to maintain high standards, and I remember him as portraying solid ethical reasoning when my husband and I knew him over 50years ago wen he was the leader of The Ethical Humanist Society on Long Island.
I think that we have led good, ethical lives since those days. My husband, who died last year will be having a retrospective of his work (primarily sculpture) sometime later this year at the African American museum. I am leading a good life in my 91st and would love to hear from him.
Doris Yanger