The Third U.S. Circuit Court of Appeals has reversed a lower court, remanding the gender discrimination claim of a female basketball official back to district court to give the plaintiff an opportunity to provide more facts related to her claim.
Plaintiff Tamika Covington has been a basketball official in New Jersey and Pennsylvania for more than ten years. But she had never been assigned to officiate at boys’ post-season games.
This frustrated her to the point, where she finally took legal action. Among her chief targets was the International Association of Approved Basketball Officials, Board 193 (Board 193), which assigns officials to officiate at regular season high school basketball games; 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 Hamilton Township School District (School District), a school at which Covington has officiated. The first two, 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.
Without hearing arguments on the merits of Covington’s central claim, the district court dismissed the complaint with prejudice against all defendants and ordered the case closed. Covington appealed.
Beginning its review, the circuit court noted that “despite the absence or scarcity of women referees assigned to boys’ varsity games, none of the defendants has conceded that it employed a policy to exclude females from a position officiating in boys’ basketball tournaments and there is no document that so provides. In the absence of any written policy, Covington alleges a pattern and practice of discrimination. The district court did not address Covington’s allegations of discrimination on the merits, instead dismissing on other grounds.”
In its review, the appellate court noted that Title VII states, in part, that it is an “unlawful employment practice for an employer (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual . . . because of such individual’s . . . sex . . . or (2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities . . . because of such individual’s . . . sex.” 42 U.S.C. § 2000e-2(a).”
In order to state a Title VII claim, “Covington must allege an employment relationship with the defendants. To determine whether Covington is an employee, we look to the factors set forth in Nationwide Mutual Insurance Co. v. Darden, 503 U.S. 318, 112 S. Ct. 1344, 117 L. Ed. 2d 581 (1992).
The court found that the School District could fairly be identified as the official’s employer because the School District had some input as to which officials were assigned to each game, chose the time, date, and location of the games, and paid the officials for their work during basketball games.
The official’s claim that the NJSIAA was liable as an employer for post-season games was accepted because the association provided the officials with liability insurance, played a role in training the officials, and had the power to certify and register them.
Finally, Board 193 was deemed liable as an employment agency because the official adequately pled an employment relationship with the school district.
Tamika Covington v. International Association Of Approved Basketball Officials, et al.; 3rd Cir.; No. 11-3096, 2013 U.S. App. LEXIS 5088; 117 Fair Empl. Prac. Cas. (BNA) 925; 3/14/13
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.
