Chapter 6_ Employment Law RSM 4000
.pdf
keyboard_arrow_up
School
Dixie State University *
*We aren’t endorsed by this school
Course
4100
Subject
Law
Date
Apr 3, 2024
Type
Pages
2
Uploaded by PresidentInternet12800
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.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help