A federal judge from the District of New Jersey granted summary judgement to the Hamilton Township Board of Education (HBOE) and the Central Jersey Board Number 193 of the International Association of Approved Basketball Officials (IAABO), both of which had been sued by an official, who claimed discrimination.
Specifically, the court found that the nature of plaintiff Tamika Covington’s relationship with the defendants did not qualify her for protection under the proffered legal grounds.
By way of background, Covington was a basketball official in New Jersey and Pennsylvania for more than ten years. But she was never assigned to officiate at boys’ post-season games, at least not in the Central Jersey region.
This frustrated her to the point where she finally took legal action. Among her chief targets was IAABO; the New Jersey State Interscholastic Athletic Association (NJSIAA), the entity that controls and supervises post-season tournament games and assigns officials to referee those games; and the HBOE. The first two defendants, Covington claimed, did not assign her to officiate at boys’ regular season games because of their policy discriminating against women. Specifically, she alleged gender employment discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, et seq., and the New Jersey Law Against Discrimination, N.J. Stat. Ann. § 10:5-1, et seq.
After the district court dismissed the complaint with prejudice against all defendants, Covington appealed. On March 14, 2013, the Third Circuit reversed the district court’s decision in part and remanded “to give Covington an opportunity to provide more facts as to her claim against Hamilton, Board 193, and NJSIAA.” (Sports Litigation Alert, Vol. 10, Iss. 8)
The defendants moved for summary judgment on the plaintiff’s Title VII claims in counts one and two, before proceeding to the plaintiff’s NJLAD claims in counts three and four.
Addressing the plaintiff’s Title VII claim against HBOE, the court wrote that since the plaintiff is an independent contractor for HBOE, the board of education is not subject to liability as an employer under Title VII, and therefore entitled to summary judgment on these counts.
As for the plaintiff’s Title VII claim against Board 193, the court found that it cannot be held liable as an employment agency under Title VII and, thus, is entitled to summary judgment.
Turning to the NJLAD claims, the court declined to exercise jurisdiction.
Tamika Covington v. Hamilton Twp. Bd. of Educ and Central Jersey District Board # 193 of I.A.A.B.O. CORP. a/k/a Int’l Ass’n of Approved Basketball Officials, Board 193; D.N.J.; Civ. No 08-3639 (FLW), 2015 U.S. Dist. LEXIS 76864; 6/15/15
Attorneys of Record: (for Appellant) David Zatuchni [ARGUED], Zatuchni & Associates, Lambertville, NJ, Attorney. (for Appellees) Anne P. McHugh, Andrew L. Watson [ARGUED], Pellettieri, Rabstein & Altman, Princeton, NJ, Attorney for Appellees International Association of Approved Basketball Officials Board 193, International Association of Approved Basketball Officials and Fred Dumont.
Arnold M. Mellk, Goldberger & Goldberger, Clifton, NJ, Attorney for Appellees International Association of Approved Basketball Officials, Board 193 and International Association of Approved Basketball Officials. Kellie A. Allen, Joseph L. Turchi [ARGUED], Timothy J. Schipske, Salmon, Ricchezza, Singer & Turchi, Philadelphia, PA, Attorney for Appellee International Association of Approved Basketball Officials. Gregory J. Giordano, Casey R. Langel [ARGUED], Lenox, Socey, Formidoni, Giordano, Cooley, Lang & Casey, Lawrenceville, NJ, Attorney for Appellees Hamilton School District and Hamilton Township Board of Education. Steven P. Goodell [ARGUED], Herbert, Van Ness, Cayci & Goodell, Lawrenceville, NJ, Attorney for Appellee New Jersey State Interscholastic Athletic Association. David W. Carroll, John E. Collins, Parker McCay, Lawrenceville, NJ, Attorney for Appellee Colonial Valley Conference.
