Assistant AD Sues University of West Virginia for Age Discrimination

Jul 26, 2013

The former assistant athletic director of football at West Virginia University has sued the school, alleging that the school forced his retirement in 2011 and hired a much younger replacement, who failed to meet the minimum requirements.
 
Plaintiff Mike Kerin was hired in 1980 as an equipment manager. He rose to administrative assistant, director of football operations, and his most recent post as an assistant AD
 
In 2010, he was named College Football Operations Director of the Year. Nevertheless, WVU Athletic Director Oliver Luck declined to renew Kerin’s contract around the same time that Dana Holgorson was being hired as head football coach, replacing Bill Stewart.
 
At the time, Kerin told the Times-West Virginian: “I decided now was the time (to retire) because (Luck) didn’t renew my contract, so my future was uncertain. An offer became available (as director of Mylan Park, a non-profit community recreational facility), and it was something I was interested in, and I made the decision to go.”
 
Kerin was replaced by Alex Hammond, who was promoted from recruiting coordinator to director of football operations.
 
Kerin, and his wife, sued in Kanawha County Circuit Court, claiming the defendants — WVU Board of Governors, WVU President James Clements, Holgorson and AD Oliver Luck — “acted in a pattern of discriminatory conduct by terminating the employment of experienced employees in the Athletic Department of West Virginia University by replacing the older employees with younger employees.”
 
Elaborating on this point, the complaint alleges he was replaced by “employees who were much younger and who did not meet the minimum qualifications his position required as set forth in his job description.”
 
These actions, Kerin alleged, were “willful and malicious” and violated the West Virginia Human Rights Act.
 
Kerin claimed that because of these actions he suffered lost wages and embarrassment.
 
“As a direct and proximate result of the defendants’ actions, plaintiff is entitled to damages for indignity, embarrassment and humiliation in an amount to be determined by a jury,” according to the complaint.
 
A passage on the school’s Website reportedly reads that Kerin was “instrumental in a number of special projects, such as the turf removal and installation at Mountaineer Field in 1997, 2002 and 2007, the construction of the indoor practice facility in 1998, coordinating the 1998 Pittsburgh Steelers preseason exhibition game, working with the Varsity Club on lettermen’s events and the recent locker room renovation at the Puskar Center.”
 
Kerin is represented by Williamson attorney Susan Van Zant.


 

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