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Sex Discrimination Lawsuit Filed Against University of Tennessee-Martin PDF Print

Click here to download a copy of the complaint filed in PDF format.

Title IX Violations Cited

FOR IMMEDIATE RELEASE

May 23, 2008

CONTACT: Don Donati
(901) 278-1004
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MEMPHIS – A lawsuit has been filed in federal court in Jackson for the Western District of Tennessee alleging sex discrimination at the University of Tennessee-Martin against a former women’s volleyball coach. An additional complaint has been filed with the U.S. Department of Education, Office of Civil Rights, alleging violations of Title IX, the 1972 law that bans discrimination on the basis of gender in educational institutions that receive federal funds.

Don Donati of Donati Law Firm, LLP, who has a successful track record of representing clients who have faced harassment, discrimination, and experienced retaliation in the workplace, is representing Amy Draper, a Division I Head Volleyball Coach. Donati’s co-counsel is noted civil rights attorney, Cheryl Wattley of Dallas, Texas. Draper, who was terminated in January 2008, was replaced by an interim male coach who has neither the coaching experience nor educational qualifications Draper had.

Donati explained since UT-Martin receives federal funding, it is mandated to follow Title IX of the Education Amendments Act of 1972. Draper’s Title IX complaint was filed in March 2008 in Atlanta and is currently under review.

“This case is about the gross inequities between women’s and men’s athletics at UT-Martin,” said Donati. “My client was discriminated against and retaliated against because she sought to improve conditions for her athletes. Even though she had exemplary job performance reviews, Phil Dane, the athletic director, and Danelle Fabianich, assistant athletic director, violated her civil rights and displayed appalling bad judgment in how they treated Ms. Draper.

“Unfortunately, this happens all too often to females in head coaching positions. There is a long track record of universities not taking corrective action regarding the inequitable treatment of women’s athletics. It’s unfortunate that UT-Martin, and the entire UT system, have turned a blind eye to this blatant discrimination,” Donati added.

UT-Martin has been notified and alerted of the deficiencies in credentials regarding the interim head volleyball coach. In fact, the Women’s Sports Foundation reported its concerns regarding this issue to Chancellor Tom Rakes on January 28, 2008. At that time, Chancellor Rakes was notified that individuals had reported particular concerns that there are substantial differences in the provision of quality coaching and in the amount of coaching available to the women’s teams at UT-Martin.

Prior to Draper’s hiring, UT-Martin was undergoing the NCAA’s recertification process during which the NCAA evaluates whether colleges and universities are in compliance with its policies and procedures, including those embodied in Title IX. UT-Martin’s athletic department was also undergoing a self-assessment, in which it is believed that UT-Martin found several deficiencies in the area of gender equity, according to the complaint filed in federal court.

During her time at UT-Martin, Draper received numerous messages from players, parents, and university officials thanking her for her efforts and performance as Head Coach of Women’s Volleyball. In addition to being successful athletes, Draper’s players also performed well academically, maintaining one of the highest combined grade point averages of any varsity athletic team on campus. This academic success was recognized on a national level as Draper’s team won American Volleyball Coaches Association Awards in 2005 and in 2006.

Donati said he will be utilizing experts on Title IX as part of Draper’s case against UT-Martin.

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For more information:

Copy of the Complaint (PDF):
http://www.donatilawfirm.com/images/stories/2008/stampted-filed%20complaint.pdf

Title IX Blog:
http://title-ix.blogspot.com/

Women's Sports Foundation:
http://www.womenssportsfoundation.org/cgi-bin/iowa/index.html

NCAA, Title IX Resource Center:
http://www.ncaa.org/titleix/index2.html

 
Plaintiffs v. Source Broadband Services, LLC, and C-COR, Incorporated PDF Print

 

On February 12, 2008, Donati Law Firm - in association with the Minneapolis law firm of Nichols, Kaster & Anderson [www.nka.com] - filed a class action lawsuit against Source Broadband Services, LLC, and C-COR, Inc. alleging they have violated the federal Fair Labor Standards Act because of their failure to pay overtime compensation to their employees who are cable TV installers/technicians.

If you are a current employee or former employee of Source Broadband Services, LLC or C-Cor, Inc. and you worked more than 40 hours in a work week without receiving overtime compensation, you may be eligible to join the lawsuit.  But, to join the lawsuit you must first file a consent form with the court.  In order to obtain a consent form or to learn more about the lawsuit, please contact Billy Ryan of the Donati Law Firm at 800/521-0578 or 901/278-1004.  A copy of the complaint filed in United States District Court for the Western District of Tennessee can be accessed by clicking on the following link:

 
National Employment Law Association PDF Print
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Don Donati spoke to the Minnesota chapter of the National Employment Law Association on May 30, 2007. He spoke at a plenary session on May 31, 2007 before nearly 1000 participants at the Upper Midwest Employment Institute and also conducted a seminar on how to handle retaliation and whistleblower claims.
 
A Supreme Victory PDF Print

The Commercial Appeal (Memphis, TN)
June 23, 2006 

A Supreme victory 

In landmark case, court sides with Memphis woman who says railroad retaliated against her -- Worker reassigned, suspended; BNSF 'disappointed' in decision

By Bartholomew Sullivan

WASHINGTON - A Memphis woman who sued her employer for sexual discrimination and retaliation after she was reassigned and then suspended without pay over Christmas won a 9-0 ruling in the U.S. Supreme Court Thursday. 

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Jim Weber/The Commercial Appeal

Sheila White celebrates with her lawyer, Donald Donati, after the announcement of a U.S. Supreme Court decision for her in her lawsuit against Burlington Northern Santa Fe Railway.

Sheila White, 49, a former forklift operator with Burlington Northern Santa Fe Railway Co.'s Tennessee Yard at Memphis, won a case that now sets the standard for what is unlawful retaliation in a workplace setting. The ruling affirms the judgment of the Sixth U.S. Circuit Court of Appeals written by Judge Julia S. Gibbons of Memphis, but does not endorse the narrow standard it used for determining whether an employer's action was retaliatory. Justice Stephen Breyer wrote the opinion of the court with which seven other justices conferred. The newest justice, Samuel Alito, agreed with the outcome but not Breyer's reasoning and wrote a separate concurring opinion.

Read more...
 
Accord reached on home patients PDF Print

Senior Services may be forced to lose jobs

By Daniel Connolly
Contact
February 24, 2007

The Tennessee government and a group of elderly and disabled patients have reached an agreement that will end a conflict over home health care.

But the settlement could lead to layoffs at Memphis-based home health care firm Senior Services.

The agreement in Nashville federal court establishes an orderly method to transfer the care of fewer than 500 elderly and disabled people from one government program to another.

 
Read more...
 
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