Penn loses appeal on gender discrimination suit

Penn lost its appeal Monday in a gender discrimination case brought by former assistant crew coach Andrew Medcalf. A three-judge panel of the U.S. 3rd Circuit Court of appeals unanimously upheld a 2001 federal jury's verdict on behalf of Medcalf in the amount of $115,000. Medcalf filed the gender discrimination suit claiming that he was passed over for the women's crew coaching position in 1997 because he was a man, even though he was the most qualified candidate. Punitive damages in the case were $25,000, while $72,000 was allotted for back wages and an additional $18,000 in emotional distress. Penn is also responsible for $175,000 in attorney fees for Medcalf¡s lawyer Lawernce Woehrle. University spokeswoman Lori Doyle stated that Penn does not plan on appealing this ruling even though it disagrees with the finding. "We are disappointed in the outcome of the case," Doyle said. "We believe we hired the most qualified individual." Doyle refused further comment on the case. Barbara Kirch was hired in the summer of 1997 and is currently Penn¡s women¡s crew coach. Medcalf filed a complaint with the U.S. Equal Employment Opportunity Commission in 1997 and in 1999 it ruled on his behalf. In 2001 a federal jury unanimously found Penn to be guilty of gender discrimination. "The verdicts speak for themselves," Medcalf said, declining further comment until he consulted with an attorney. Medcalf left Penn after the 1998-1999 academic year and is now a stockbroker for Legg Mason. Medcalf was never granted an interview for the women's crew position despite receiving, as his complaint to the EEOC states, a "forceful recommendation" from longtime men's coach Stan Bergman. There were 26 applicants -- 13 male and 13 female -- four of whom were called back for interviews. All four were female. Carolyn Femovich was at the time Penn's senior associate athletic director. According to testimony from Penn Athletic Director Steve Bilsky, she was given authority to conduct the search for a coach. Neither Bilsky nor Bergman could be reached for comment. "A rational jury ... could have found that Carolyn Femovich, who was clearly acting in a managerial capacity in the scope of her employment, acted with the requisite malice or reckless indifference to the federally protected rights of Medcalf," Circuit Judge D. Brooks Smith wrote. "Femovich knew that Penn had an equal opportunity employment policy that prevented Penn from taking gender into account in hiring, yet she did not grant any male candidate an interview, and several witnesses testified that she intended to put a woman in the coaching position."

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