presentations that she had been making successfully for four years, and
restricted her responsibilities in other ways.
After complaints and counter-complaints to the Chancellor and to the
federal Equal Employment Opportunity Commission, Clowney issued
notice that Kyomugisha’s employment contract would not be renewed.
Florence Kyomugisha lost her job at the University of Wisconsin in part
because of alleged communication difficulties with her supervisor, Ms.
Clowney^18 and so Kyomugisha filed charges against Clowney and the
university under Title VII of the Civil Rights Act. The official complaint
filed with the court asserted that “the defendant Charmaine P. Clowney
was intentionally motivated by prohibited animus based on national origin
and acted in bad faith and with malice and in derogation of her duties and
contrary to the [laws].^19
Kyomugisha believed that Clowney was claiming accent as a
communicative hindrance as an excuse (or in legal terms, as pretext) to
fire her, because Clowney disliked African nationals and did not want to
work with somebody from Uganda.
The attorney representing Kyomugisha questioned Clowney in a
deposition (testimony taken under oath as part of the preparation for a
trial). While Clowney is herself an attorney, she was also represented by
counsel from the university, who was present.
In the following excerpt from the deposition, “attorney” refers
Kyomugisha’s lawyer. Please note that he uses the word animus rather than
prejudice, racism, or some other more incendiary term.
Attorney: You know about discriminatory animus from your
professional preparation in the field of affirmative action and
discrimination law; isn’t that correct? You were responsible for
doing the investigations of discrimination at the university, and
you need to know what the laws about that, correct?
Clowney: Yes, sir.
Attorney: And you know about the sociology of discrimination, right?
Clowney: Yes.
Attorney: And you would agree that the process of communication
between two individuals involves a degree of burden sharing
between the two individuals for purposes of making each other
understood, correct?