Chapter 6_ Employment Law RSM 4000

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Apr 3, 2024

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Jackson Krog Burkey v. Marshall County Board of Education 1. State the names of the plaintiff and defendant, the volume number, page number, name of the reporter, and the court that decided the case. Plaintiff: Mrs. Burkey, Defendant: Marshall County Board of Education including Donald A. Haskins, Robert R. Eaton, and James P. Lydon, Vol #: 513, Page #: 1084, Reporter: (F. Supp.) Federal Supplement, Court: United States District Court for the Northern District of West Virginia 2. Describe the facts of the case. Burkey was a qualified physical education teacher who coached girls' basketball at Moundsville Junior High School. Before the 1971-72 school year, there were no interscholastic sports programs for girls in the Marshall County School District. Burkey successfully formed a girls' basketball team, reaching significant success. Despite her qualifications and success, she faced discrimination in pay compared to male coaches. Burkey filed multiple complaints because the defendants refused to rectify the discriminatory practices. This led to the filing of a lawsuit alleging unlawful discrimination based on sex. 3. What was the cause of action? The cause of action was Burkey filing under sex discrimination due to her not being paid at all for coaching the girls’ basketball during the 1973-74 season. The 1975-76 season saw female coaches get paid, but half the amount of the male coaches 4. What was the court’s disposition of the case? The court’s disposition was in favor of the plaintiff. The court concluded that Title IX and the Equal Pay Act were violated. 5. How might you amend the policies of the defendant school district regarding boys’ and girls’ athletic programs in order to comply with the law? The school district should ensure that its athletic programs for both genders are equitable in terms of funding, resources, facilities, and opportunities to comply with the law. It may be necessary to review and adjust policies to ensure compliance with Title IX regulations, which prohibit sex-based discrimination in educational programs and activities.
6. As a school administrator, how might you legally determine whether a woman is qualified to coach boys’ athletics? As a school administrator, I would do research and find out that no law prohibits a woman from being the head coach of a boys’ sports team. Any decision should avoid discrimination based on gender and comply with employment laws and regulations. 7. What would you consider as an appropriate remedy in this case? Why? I would remedy this case by allowing Burkey to coach either the boys’ or girls’ sports teams if she was the most qualified. So many girls’ coaches have been men, so there shouldn’t be a problem with the reverse. I also believe that compensation should be awarded for gender discrimination. The defendants should be mandated to revise their policies and practices to align with federal laws. Additionally, they should be barred from retaliating against Burkey or any other employee for filing complaints.
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