Melissa Soboleski, Edinboro University of Pennsylvania’s women’s volleyball coach, has settled her lawsuit against the school, which she alleged discriminated against her on the basis of her gender.
Soboleski, who also name the Pennsylvania State System of Higher Education (PASSHE) in the lawsuit, agreed to accept an offer of judgment of $250,000.
By definition, if an offer of judgment is made in civil litigation but rejected, the party that rejected the offer is subject to certain penalties if the final court decision is less favorable than the offer that was rejected.
Soboleski filed the lawsuit with The United States District Court for the Western District of Pennsylvania on Jan. 25, 2018. The lawsuit claimed that “at the start of the year 2016, [the] plaintiff’s annual salary was $64,344.” The lawsuit compares Soboleski’s annual salary to three of her male colleagues within the athletic department during the same year, consisting of $74,959, $104,705, and $102,872. The lawsuit also claims that Soboleski earned 47 percent less than a male Tier 1 counterpart.
Another example of gender-based pay disparity within the case document is the length of tenure as a coach. Pat Cleary, who is in his fifth year of coaching, currently earns $78,561 while Soboleski, who is in her 13th year of coaching, earns $73,251. In addition to the salary differences the lawsuit also mentions, “Edinboro University contributes over nine percent of each annual salary towards his or her retirement…male counterparts receive additional contributions to their retirement savings.”
“Unfortunately, despite her impressive experience, unwavering dedication and many outstanding professional achievements, coach Soboleski is paid substantially less than her similarly situated male counterparts for equal work,” said Soboleski’s lawyers Elizabeth Deemer, Sunchine Fellows, and Chloe Zidan.
The lawsuit claims that in 2016, the lowest paid Tier 1 male coach earned an annual salary of $74,959, although he was hired without any head coaching experience.
Before Soboleski went to Edinboro in February of 2005, she coached at Gannon University and Mercyhurst University. Both volleyball teams made it to multiple conference and divisional playoff games as well as one Lady Lakers’ Great Lakes Intercollegiate Athletic Conference South Division championship. She then continued to coach the Lady Scots of Edinboro to an NCAA Division II Atlantic Region playoff berth eight times. Soboleski led the Lady Scots to the most wins in Edinboro University history.
According to court documents, Soboleski first raised concerns in January 2016 and in March 2016 and Baumgartner “convened a committee to examine pay disparity in athletics” at the university. The following month, Soboleski and two male coaches within the women’s athletic department filed “a formal Social Equity Complaint with Edinboro University’s Director of Social Equity and Title IX Coordinator.” As stated in the complaint, this action made by the three coaches was a result of “concerns surrounding Baumgartner’s motivations in appointing himself to chair the committee.”
PASSHE conducted an investigation in the fall of 2016 and “concluded with findings that [the] plaintiff’ gender-based pay disparity complaints had merit.” After the PASSHE affirmed Soboleski’s claims, “substantial raises for plaintiff and other coaches” were “approved by the President of Edinboro University” after recommendation.
The complaint refers to Soboleski’s salary increase as “meager” and “paltry.” The salary increase is as follows; $64,344 in January 2016, to $66,275 in February 2017, to $71, 275 in May 2017, to $73,251 in September 2017, and to $75,266 in January 2018.
The complaint includes a section for “facts pertaining to unlawful retaliatory conduct directed toward plaintiff.” This section states, “Baumgartner began approaching plaintiff in a threatening manner with the intent of intimidating her, referring to the social equity complaint as ‘very interesting’ and ‘full of inaccuracies’” which was filed on April 6, 2016.
Baumgartner allegedly “continued and increased his pattern of retaliation against plaintiff.” The patterns and retaliations include problems with recruitment, passes for home athletic events, as well as an internal complaint against Soboleski “for a purported misuse of funds” which was filed by Baumgartner’s secretary.
Soboleski “ultimately was cleared of any wrongdoing; nonetheless, her colleagues within the athletic department continue to ostracize her as a result of the accusations” according to the complaint.
In result of suffering “economic harm, emotional distress, mental anguish and loss of reputation” Soboleski sought economic, compensatory and punitive damages, equitable relief, and reimbursement for legal costs from Edinboro University and PASSHE.
