A Minnesota state court judge has awarded $359,000 to a former golf coach at the University of Minnesota, who had alleged that she was discriminated against because of her sexual orientation.
The court found specifically Kayie Brenny was “intentionally subjected to disparate treatment” because she was a lesbian. “This was an overtly adverse employment action intended to cause Brenny to resign or assist him in making a record so he could fire her,” it wrote.
Brenny was a club professional in North Carolina when she was recruited in July of 2010 by UM’s Director of Golf John Harris to be the school’s associate head coach women’s golf. She was hired on Aug. 30, 2010, given a one-year contract worth $44,000
Both sides were enthusiastic when Brenny began the job. Shortly thereafter, that enthusiasm waned, allegedly because Harris had learned from another employee within the athletic department that Brenny was a lesbian. Upon learning this, Harris prevented Brenny from traveling with the team for the first tournament. Besides that action, “Harris began a concerted effort to make Brenny’s ‘job’ and her life miserable,”according to the court. “He undertook a series of adverse employment actions intended to force her resignation.” Brenny allegedly sought relief all the way up to then-athletic director Joel Maturi, but was rebuffed.
She was ultimately told to resign, or sell premium tickets and suites for campus events. Brenny resigned. She sued the university and Harris on Jan. 12, 2011, alleging discrimination and sexual bias, pursuant to the Minnesota Human Rights Act.
The judge in the case noted that his decision was dictated in large degree by the credibility of the witnesses. He cited as an example a conversation, which Harris denied, where he said rhetorically to Brenny: “Did you really think I would let you travel alone to a golf tournament with those five girls?” The judge also found that Harris’ pretexts for the adverse employment action were without merit.
The court awarded Brenny a maximum of $334,000 for lost wages based on the university’s conduct, plus another maximum of $25,000 for mental anguish.
Brenny, who now works for a youth program in New York City that uses golf to teach life skills, was represented by attorney Donald Chance Mark Jr., who said the ruling was “vindication” for his client. “This confirms the discrimination she experienced while employed at the University of Minnesota,” Mark told the Minneapolis Star-Tribune. “It will help serve as a deterrent for discrimination based on sexual orientation.”
In a statement, the university said: “With due respect to the court, we are disappointed with the decision and will closely review the findings, conclusions and order, and determine the appropriate next steps.”
Brenny v. Board of Regents of the University of Minnesota; Dist. Ct., 4th Jud. Dist., Hennepin Co.; Court File No. 27-CV-11-1215; 3/18/14
