School Not Allowing a Woman Official

[loners4me]

doubtful they use contracts. The Pius X Academy I used to work for never did.

[jdw3018]

Originally Posted by Bearfanmike20

I am not a lawyer either, but I do believe that you can fire a contractor for any reason. It doesn't matter why.

A private company generally can (though there are still breach-of-contract issues to resolve).

An entity receiving public funding generally must comply with a whole host of additional regulations. I am an independent contractor in my "regular" job as well as my officiating. I understand I am not protected in pretty much any way, outside of the contract I have with a client.

That said, it is my advised understanding that a school or a government entity or a private entity operating with government funding cannot "fire" me or not allow me to fulfill my contract based on gender, race, age, etc.

[jdw3018]

Originally Posted by BktBallRef

Discriminate when hiring an employee? No. BUT SHE IS NOT AN EMPLOYEE.

It's no different than picking up a phone book, calling a plumber, and then refusing to let her do the work because she's a woman. They are pefectly within their rights to use or not use anyone they choose.

They certainly are. But not if they are a government agency or operating with government funds. That's why it matters.

The public grade school cannot call up a plumber, have that plumber arrive with all necessary licenses and credentials, and then refuse to allow him to fix the drain because he's black. They just can't do it.

And, verbal contracts are enforceable in many states - Kansas included. I would be very surprised if, first of all, they didn't go ahead and pay her, and if not that she couldn't force them to do so (though it certainly woudln't be worth the hassle).

[fullor30]

Originally Posted by BktBallRef

Who said she had a contract? Where does it say a contract was broken? or are you just assuming?

Probably........

Are you assuming she didn't?

Do you have a written agreement for your varsity games or higher?

In this case an oral agrreement would suffice.

The point is she was dismissed for being a woman.

They can claim anything they want why she was refused the right to work and probably get away with it.

[Jurassic Referee]

Originally Posted by bgtg19

I'd like officials, even officials posting on web sites, to extend the same courtesy. As a result, I'd like to request - recognizing that I don't have any power or authority in this matter - that we refrain from calling people "kooks" if we disagree with them.

There you go again. Trying to tell everybody how to post. You're cut from the same mold as the people who run that school.

Feel free to mind your own damn business and not ours.

[BktBallRef]

Originally Posted by jdw3018

They certainly are. But not if they are a government agency or operating with government funds. That's why it matters.

The public grade school cannot call up a plumber, have that plumber arrive with all necessary licenses and credentials, and then refuse to allow him to fix the drain because he's black. They just can't do it.

Again, cite the statutes you say you been advised on that would effect independent contractors.

Originally Posted by fullor30

Probably........

Are you assuming she didn't?

Do you have a written agreement for your varsity games or higher?

In this case an oral agrreement would suffice.

The point is she was dismissed for being a woman.

They can claim anything they want why she was refused the right to work and probably get away with it.

No, I've never had a written contract for any game I've ever worked. I've worked in Tennessee and North Carolina. So obviously not every state/school requires a contract. Games are assigned through a booking association sanctioned by the state association. There is no contract. The school does NOT have to accept any official the booking agent chooses to send and can refuse one for any reason.

When all is said and done, we know they are a private entity. IF there's a contract, (which I seriously doubt since they would already have known a woman was being sent to work the game), there could be a breach of contract and she could sue them for damages. But absent that, she doesn't have a leg to stand on.

[deecee]

The issue of government funding is very simple. Any, and all money an entity gets for the government comes with a laundry list of rules and regultations. One of those is that, THAT money cannot be used in a way that is discriminatory in any way.

This also works for companies that work with government contracts -- like defense contractors and what not. IF you rely on government money to run an organization then you HAVE to adhere to their standards or risk losing the funding.

As to calling these bozos kooks, it is perfectly acceptable practice to reference anyone who still discriminates based on gender, sex, race, ethnicity, etc. a kook. However, taking them to court to get what's yours is not going to change them. What should be done is remove the children from that environment and allow them to experience a world where they are allowed to equally hate anyone they want based on their biases and prejudices, as opposed to their parents and teachers.

[BillyMac]

I'm sure that his female could do anything as well as, or most likely, better than, most males.

[HawkeyeCubP]

I'm an avid Title IX advocate and supporter, but unless there have been federal rulings that I'm not aware of in the last 4 years, I don't believe it applies - counter-intuitive as it may seem - as long as, if taken to court, the school could prove that part of its official religious "tenets" specifically involve preventing this type of situation.

This is direct language from the law:

Sec. 1681. Sex

(a) Prohibition against discrimination; exceptions

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance, except that:

(3) Educational institutions of religious organizations with contrary religious tenets -

this section shall not apply to an educational institution which is controlled by a religious organization if the application of this subsection would not be consistent with the religious tenets of such organization;

That being said, this school's practice is nauseating, as is any that deems (let alone teaches young minds that) one class of human is above another.

[force39]

It probably happens in Texas all the time where coaches can scratch
refs, if they don't want women guess what a scratch.

[Texas Aggie]

If they recieve *any* public funding I think this action makes them outside of the law.

No, it doesn't.

[Texas Aggie]

I just wonder. Have they ever heard of a woman called Mom?

[JRutledge]

We also need to understand that independent contractor laws vary form state to state. So what might be in issue in one state might not be an issue in another.

And based on what I know of this case, I am not sure there is much this female official can do but sue and that might mean other consequences to her officiating career. And I can tell you that many officials are not going to boycott this school because they do not want to subject repercussions themselves.

Peace

[BktBallRef]

Originally Posted by Texas Aggie

No, it doesn't.

Thank you, counselor. Could you give us more infomration regarding independent contractors?

[Rich]

Originally Posted by BktBallRef

Again, cite the statutes you say you been advised on that would effect independent contractors.



No, I've never had a written contract for any game I've ever worked. I've worked in Tennessee and North Carolina. So obviously not every state/school requires a contract. Games are assigned through a booking association sanctioned by the state association. There is no contract. The school does NOT have to accept any official the booking agent chooses to send and can refuse one for any reason.

When all is said and done, we know they are a private entity. IF there's a contract, (which I seriously doubt since they would already have known a woman was being sent to work the game), there could be a breach of contract and she could sue them for damages. But absent that, she doesn't have a leg to stand on.

I worked for a Tennessee association for 3 years. And the contract is between them, essentially, and the school.

I know the association I worked for would not have stood for this and would've sent a woman (or 2 women) to all the games this school had. I've been in a similar position where they didn't want me back because I stood up to the home coach - I went back the next three games they played.

Worst case, the association tells the school to pound sand and doesn't send anyone.