ACLU of Rhode Island Announces Settlement in Case of School Softball Coach Who Was Denied Job Because of His Gender

February 16, 2005 12:00 am

ACLU Affiliate
Rhode Island ACLU
Media Contact
125 Broad Street
18th Floor
New York, NY 10004
United States

FOR IMMEDIATE RELEASE
Contact: media@aclu.org

PROVIDENCE, RI — The American Civil Liberties Union of Rhode Island announced today that it has settled a discrimination complaint against the Town of North Smithfield on behalf of Thomas Bourgeois, who was denied appointment as a school coach last year solely because of his gender.

“I am pleased that this matter has been resolved, and that Mr. Bourgeois will be able to start coaching in a job for which he is eminently qualified,” said ACLU of Rhode Island Executive Director Steven Brown.

The settlement, agreed to by the town school committee at a meeting last night, resolved an administrative complaint filed by the ACLU in December with the Rhode Island Commission on Human Rights. In a complaint filed by ACLU volunteer attorney Lynette Labinger, the ACLU charged that Bourgeois had been passed over for selection to serve as the North Smithfield Junior High girls’ softball coach solely so that a woman could be hired for the position instead.

After Bourgeois applied for the position, he was told he was the only candidate. In addition, his name appeared as the recommended candidate on the advance agenda for the School Committee meeting. On the night of the meeting, however, his name was struck out, and that of a woman written in his place, the ACLU said in legal papers. When the school superintendent, who is no longer employed by the district, was asked to explain his actions at a school committee meeting the next month, he stated that he believed that a woman should be appointed to the position, and that he had searched out a woman candidate, instead of recommending Bourgeois, for that reason.

At the time Bourgeois was denied the appointment on the basis of his sex, North Smithfield employed other men as coaches and assistant coaches for girls’ sports. Bourgeois had 10 years’ experience coaching softball in the town’s Little League program when he applied for the school position.

As part of the settlement, Brown said, the ACLU agreed to waive its entitlement to attorneys’ fees.

Today’s settlement follows on the heels of the ACLU’s closure of its successful lawsuit last year against the Town when it attempted to hire as the municipal fire department the all-male, all-white private fire rescue service serving North Smithfield.

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