Business Law: XYZ Need For A Head Football Coach, Athletic Director

Business Law 202

Writing Assignment – Spring 2018

XYZ School is a public high school in NY with a limited budget. In August 2017, XYZ needed a head football coach/athletic director, so it advertised the job opening. Due to its limited budget, XYZ does not hire “stand-alone” athletic coaches; all coaches are also required to be certified teachers.

XYZ School received information from the following applicants:

Sue is a certified high school teacher in New York. Her NY certification covers physical education and health. She also holds a B.S. in health and physical education. She has experience coaching high school gymnastics, softball, basketball, volleyball, and track and field.

Ted is a black male who is the current Athletic Director of ABC Academy. He has 10 years experience coaching football. He is a certified grammar school teacher but he is not certified to teach high school.

Steven is a white male. He is a certified high school teacher in NY with a B.S. in math and he was the state-champion football coach with 3 years of coaching experience.

The applicants were contacted for an interview and fitness test. As part of the fitness test, the men (Ted and Steve) were required to do 100 push-ups and the woman (Sue) was only required to do 50 push-ups. Sue and Ted completed the required push-ups but Ted was not able to do 100 push-ups consecutively.

During Sue’s interview, she informed the principal of the school, Carol, that while she was a certified teacher, she had never been an athletic director. While waiting to be interviewed, Ted overheard Carol tell her assistant that she did not believe a black male could work in a school with predominantly white students.

Carol ultimately offered the position to Steven.

Sue wants to sue XYZ School for sex discrimination because she believes the only reason she wasn’t hired is because she is a woman. Ted wants to sue XYZ for sex discrimination because Sue only had to do 50 push-ups, while he, and the other male applicants, had to do 100 push-ups. Ted also wants to sue XYZ for racial discrimination because he believes he wasn’t hired because he is black.

How would you advise both Sue and Ted?