The former media director for University of Tennessee (UT) Women’s Athletics has reached a settlement with the university and its athletic director, ending a lawsuit in which she alleged that the defendants discriminated against her on the basis of her age and gender when they fired her in 2012.
As part of the settlement, plaintiff Debby Jennings will awarded $320,000, more than $100,000 of which will go to her attorney, David Burkhalter of Burkhalter, Rayson & Associates.
The origins of the dispute may have been the university’s decision to merge its men’s and women’s athletic departments. Among the casualties was Jennings, who served as the primary media contact for Lady Vols athletics for 35 years.
Jennings, whose retirement was announced in a three-paragraph email by the school, did not have much time to consider her options, according to Burkhalter.
Burkhalter went on to write in a letter to UT Chancellor Jimmy Cheek that his client was considering the pursuit of “a discrimination/retaliation case against UT,” although she had “instructed me to see if this unfortunate matter can be resolved on an amicable basis.”
According to Burkhalter, UT athletic director Dave Hart offered Jennings on May 15, 2012 the choice to be fired for “insubordination,” resign or retire. Jennings claims that she received the ultimatum from Hart at 1 p.m. that day and was told to give him her decision by 4:30 p.m., or she would be terminated for alleged “insubordination.”
“She then returned to her office to find that while she was in the meeting her computer had been confiscated,” Burkhalter wrote in a letter, adding that “you can understand how this made her feel as if she was being treated as a common criminal. Later, she discovered that UT had deleted the majority of her saved email files.”
Burkhalter characterized the treatment as possible retaliation for Jennings’ complaints over the last two years about gender and age discrimination within the department.
“Her complaints, however, only resulted in increased hostility, harassment, curtailment of responsibilities, and other forms of retaliation by the men placed above her,” said Burkhalter.
Jennings also allegedly wrote a letter to Hart stating that she could not afford to retire early because of her health, being a cancer survivor. “I desperately need to maintain my health insurance in the work environment for as long as possible,” wrote Jennings.
The defendants countered, through Assistant General Counsel Michael D. Fitzgerald, that “the university did not terminate Ms. Jennings’ employment because of age, gender or in retaliation for earlier complaints of discrimination. Further, she repeatedly demonstrated resistance to working cooperatively in a unified athletics department.”
In a similar statement, made one day after receiving Burkhalter’s letter, Hart said that Jennings was “insubordinate, disrespectful and fostered an atmosphere of negativity and division.”
“I lost confidence that her employment was in the best interests of the Athletics Department,” said Hart.
Burkhalter ultimately sought monetary and injunctive relief on behalf of his client. He also specifically requested a court order requiring Hart and athletic department officials Chris Fuller and Jimmy Stanton to undergo “appropriate diversity and ethics training.”
The Settlement
Regarding the settlement, Jennings issued a statement, saying she was “hopeful my lawsuit has cast some light on some of the inequities that I and others experienced in the combined UT athletics department. My sincere desire is that my university will strive to bridge the gap in the disparity of the number of women and minorities in leadership roles within the (athletic department).”
The university released a statement saying “the parties have agreed that it is in the best interests of all concerned to put this dispute behind them.” The university also said it “acknowledges the substantial contributions Ms. Jennings made to the University and the Lady Vols during her 35 years of service.”
Not to be left behind, Burkhalter also issued a statement:
“Now that Debby has reached an amicable settlement, we hope that the public attention that has been brought by the suit to the disparity of women and minorities in leadership roles in the University of Tennessee athletic department will be addressed, and the suit will be a vehicle for positive change in the athletic department. Debby wants to thank all of her friend and supporters who stood with her during this difficult time in her life, and she is hopeful that others will find it in their hearts to accept her back into the UT family.”
