There’s a lot more action in the courtroom than on the football field at the University of Tennessee these days. This blog is the first in a series of periodic posts that will explore allegations of illegal employment practices in the U.T. Athletics Department.
Nearly two decades ago, I was an undergraduate at U.T. As part of a course project, I was on a team of students who did an organizational evaluation of the Women’s Athletics Department. UT was one of the few universities that separated its men’s’ and women’s’ athletics departments. I had the opportunity to meet former women’s athletics director Joan Cronan, who was extremely gracious to me and my fellow students. I also met Debbie Jennings, who struck me as a no-nonsense but deeply committed sports information director.
At the time, President Joe Johnson was admired and respected by students, faculty, and alumni. Joan Cronan presided over arguably the most successful women’s athletic program in the country. And Pat Summitt was . . . well, she was Pat Summitt.
Much has now changed. The women’s athletic program has merged with the men’s program. Dave Hart, a new athletic director, is steering the ship. Pat Summitt has retired under increasingly unclear circumstances. And Debbie Jennings was forced to resign and has filed a discrimination and retaliation case against the university.
For an overview of the circumstances, you can read this link: http://www.govolsxtra.com/news/2012/oct/03/debby-jennings-suit-amended-to-include-pat/
The strange case of Jennings, Hart, and Pat Summitt is the stuff of law school examinations. While playing out dramatically in the newspapers, it also reaches across the pantheon of contemporary employment laws.
How strong are Debbie Jennings age and sex discrimination claims?
Can she use statistical evidence, such as the change in the gender make up of employees, as evidence of illegal discrimination?
Was Pat Summitt protected from termination under the Americans with Disabilities Act?
Was Debbie Jennings protected from termination if she stood up for Summitt?
Can the athletics director’s past actions be used in against him in this case?
These questions involve the intersection of:
– the Age Discrimination in Employment Act,
– the Americans with Disabilities Act,
– the use of statistical evidence in discrimination cases,
– whistleblower laws,
– use of “prior inconsistent statements” under evidence law, and
– use of “other act” evidence under Fed.R.Evid. 404(b).
Law nerds who care nothing about sports are giddy about this case.
Stay tuned. More posts to follow.