By Jennifer Riso
A former San Diego State University (“SDSU” or “University”) women’s basketball coach recently sued the University, among others, for alleged wrongful termination in retaliation for complaints regarding the University’s unequal treatment between the women’s and men’s basketball programs.
Plaintiff Mary Elizabeth Burns was head coach of the women’s basketball team for 16 years, with the best win record in SDSU women’s basketball history. She led the women’s basketball team to “six regular-season conference championships, four league tournament titles, and seven NCAA tournaments, including one Sweet 16 appearance.” See Compl. at 1. Further, Burns received many commendations from University personnel, the most recent being one month prior to her termination.
During her tenure, Burns alleges she had to “fight a dysfunctional athletics administration that prioritized men’s sports over women’s basketball.” See Compl. at 1. In response, Burns was criticized for being “rough around the edges.” Compl. at 2. In April 2013, Burns opted to “retire” once SDSU’s associate vice president, Richel Thaler, informed Burns that they would be terminating her for allegedly striking a subordinate two months prior. Burns argues that this incident was an accident, as seen on video, and thus she claims that the University’s reason for her termination is pretext for a retaliatory termination.
Specifically, Burns’ complaint alleges breach of employment contract, breach of the implied covenant of good faith and fair dealing, retaliation, wrongful termination in violation of public policy, violation of Labor Code § 1050, and both negligent and intentional infliction of emotional distress.
Burns first claims that the SDSU breached their employment contract by terminating her without cause. As previously detailed, Burns argues that SDSU’s “cause” was pretext for an unlawful retaliatory termination for Burns’ dedication to ensuring equal treatment among the men’s and women’s basketball programs. Furthermore, the University failed to inform Burns about the misconduct and failed to conduct any investigation, effectively disallowing Burns an opportunity to respond.
To show the discriminatory treatment by the University, Burns details in her complaint an event where the SDSU football coach purposefully slapped a student-athlete in the face at practice. Surprisingly, the University took no disciplinary action against the coach for striking the student.
Burns also alleges that SDSU violated the California Fair Employment and Housing Act, which prohibits termination for the purpose of retaliation. Burns claims that SDSU terminated her employment “because she complained about the disparate treatment of women’s athletics compared to men’s athletics.” Using the pretext of workplace violence, SDSU has allegedly irreparably harmed Burns’ reputation as a basketball coach.
Finally, Burns argues that the defendants negligently and intentionally caused her emotional distress. The complaint details that the defendants breached a duty owed to Burns “to provide a workplace free from unfair treatment, discrimination, and retaliation.” See Compl. at 14.
Burns has yet to find employment elsewhere.
Jennifer is a third-year law student at American University Washington College of Law and president of the Sports and Entertainment Law Society.
