Covington v. International Ass'n of Approved Basketball Officials
2013 U.S. App. LEXIS 5088
| 3rd Cir. | 2013Background
- Covington, a female basketball official in NJ/PA, sues for Title VII, Title IX, and NJLAD discrimination based on being barred from officiating boys' high school varsity games.
- Defendants include Hamilton Township School District, Board 193, NJSIAA, IAABO, CVC, and Fred Dumont; Covington alleges employment relationships or agency controls with these entities.
- District Court dismissed Covington's SAC as insufficient to plead an employment relationship and barred Title IX based on lack of federal funds to Hamilton; no merits hearing occurred.
- Court applies Darden factors to assess employment relationships and potential vicarious liability; remands for additional factual development.
- Court affirms dismissal of claims against CVC and IAABO as lack of control or agency; remands to district court to develop facts on Hamilton, Board 193, and NJSIAA claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Covington plausibly alleged an employment relationship with Hamilton | Covington alleges Hamilton controls game assignments and pays officials. | Hamilton disputes status as employer. | Plaintiff plausibly alleged an employment relationship; remand for more facts. |
| Whether Covington plausibly alleged NJSIAA as an employer for post-season games | NJSIAA controls post-season assignments and provides pay, insurance, and training. | NJSIAA contends no direct employment relationship. | Plaintiff plausibly alleged employment relationship for post-season; remand. |
| Whether Board 193 is an employment agency liable under Title VII | Board 193 facilitates employment opportunities and fits statutory agency definition. | Board 193 argues no direct employment relationship with Covington. | Board 193 liable as employment agency; remand for facts. |
| Whether IAABO and CVC can be held liable as employers/principals | IAABO/CVC exert control over assignments or discipline; could be principals. | No sufficient control or connection shown. | No basis for liability found; dismissal affirmed for IAABO and CVC. |
Key Cases Cited
- Nationwide Mut. Ins. Co. v. Darden, 503 U.S. 318 (1992) (employment relationship factors focus on control and supervision)
- AT&T Co. v. Winback & Conserve Program, Inc., 42 F.3d 1421 (3d Cir. 1994) (agency/authority concepts for vicarious liability)
- Graves v. Lowery, 117 F.3d 723 (3d Cir. 1997) (de novo review of dismissal for failure to state claim)