In Happened To Me: Discriminatory Hiring/Promotion

Bertha Wynn, a graduate of Mississippi University for Women had been a high school physical education teacher in the same school district for more than 20 years. Ms. Wynn had stellar credentials, including a master's degree, a long tenure with the school district, and experience fulfilling many athletic director duties and initiating several female sports programs.

When the man who occupied both the athletic director and head football coach positions resigned, a retired superintendent approached Ms. Wynn about applying for the athletic director position. Ms. Wynn followed the recommendation and applied for the job on February 15, 1984. Ms. Wynn did not get the job. Instead, the new head football coach got the job. The school board defended its hiring decision by saying it was in the school district's best interest to combine the two positions.

Ms. Wynn filed a timely charge with the Equal Employment Opportunity Commission (EEOC), participated in the EEOC's investigation, and eventually received a right to sue letter. On March 19, 1985, Ms. Wynn then sued her long time employer for discrimination.

The court found that Ms. Wynn was a highly qualified female who was passed over for a lesser-qualified male. The court also found that the school board was unable to provide evidence to support their position that combining the two positions served legitimate purposes. The school board did not produce any job descriptions or requirements that supported a basis for combining the positions. They also could not produce any evidence of official action including board-meeting minutes pertaining to combining the positions.

On July 26, 1988, the court ruled in Ms. Wynn's favor. They granted her back pay and ordered that she be placed in the athletic director position.