Fired college golf coach’s retaliation charge reinstated

A federal appeals court on Thursday overturned a lower court ruling and reinstated a retaliation charge filed by a former college golf coach who contends he was terminated in retaliation for complaining about the school’s alleged failure to comply with gender equity requirements in its athletic department.

Bennett K. MacIntyre, who worked at Carroll College in Helena, Montana, complained that the Catholic liberal arts institution’s athletics department was not compliant with Title IX, the federal civil rights law that prohibits sex-based discrimination in schools that receive federal government funding, according to the ruling by the 9th U.S. Circuit Court of Appeals in San Francisco in Bennett K. MacIntyre v. Carroll College. Mr. MacIntyre was also an associate athletic director at the college.

After Carroll College started experiencing budget problems because of declining enrollment, Mr. MacIntyre’s contract as a golf coach ended, and his pay fell to $14,000 from $38,000, according to the ruling.

He filed suit against the college in U.S. District Court in Helena charging retaliation for complaining about Title IX violations. He also alleged workplace harassment, hostile work environment and discrimination in his lawsuit.

The district court ruled that Mr. MacIntyre had not alleged a prima facie case of retaliation and granted the college summary judgment dismissing the case.

A three-judge appeals court panel overturned the lower court, saying the non-renewal of an employment contract can “deter a reasonable employee from reporting discrimination” and that “employment actions can be adverse for retaliation claims even if they relate to purely discretionary decisions.”

The panel remanded the case to the lower court to consider Carroll College’s alternative grounds for summary judgment.

Attorneys in the case did not respond to requests for comment.