It’s mid-March. That – as any fan of college basketball knows – means that the NCAA basketball tournament and “March Madness” are about to begin. As a result, a case that was handed down by the U.S Court of Appeals for the Third Circuit yesterday is timely. In Covington v. International Association of Approved Basketball Officials, No. 11-3096, 2013 WL 979067 (3d Cir. Mar. 14, 2013), a female referee alleged that the organization that supplies referees for high school basketball games in New Jersey’s Hamilton Township School District discriminated against her in violation of Title VII. She believes that she was not selected to referee boys’ games because of her sex. The organization moved to dismiss the case, arguing that the plaintiff had not alleged sufficient facts to suggest that it was her “employer” as the term is defined by Title VII. The district court dismissed the case, but the Third Circuit reversed.
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