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Sidney L. Gold, Esq. Files Discrimination Lawsuit Against Kutztown University

June 24th, 2024
Mr. Gold, Files Discrimination Lawsuit Against Kutztown University

Principal Shareholder Sidney L. Gold, Esq. has filed a discrimination lawsuit against Kutztown University on behalf of his client, Janet Malouf. Malouf is the head of the women’s basketball team. The lawsuit was filed in the United States District Court for the Eastern District of Pennsylvania on June 05, 2024.

Malouf, who has led an illustrious 30-year career at Kutztown University, is suing the university for ongoing pay discrimination based on her gender despite consistent, exceptional job performance and reviews.

Malouf alleges she was paid $7,000 per year less than Men’s Basketball Head Coach Jeff Jones upon hiring. However, she admits the disparity was initially justified, given his significantly more head coaching experience. However, when the university hired Coach Brian Driscoll to replace Jones in 2000, six years after Malouf’s hiring, he was given a higher salary despite having no head coaching experience. This is a clear indication of gender-based pay discrimination, according to Gold.

Despite numerous successful seasons as head coach and repeated requests for equal compensation, Malouf continued to earn significantly less than her male counterpart. In 2016, Driscoll received a $16,000 performance bonus, and Malouf received no bonuses despite similar or superior job performance. By 2019, Driscoll’s annual earnings exceeded Malouf’s by over $21,000.

Kutztown University approved a modest increase in Malouf’s annual salary in 2020, though it remained about $14,000 less than Driscoll’s. Over the next two years, Malouf earned approximately $13,000 to $14,000 less than Driscoll despite achieving higher performance levels.

During an August 2022 meeting with Human Resources Director Jennifer Weidman, Social Equity Director Jesus Pena, and University President Dr. Kenneth Hawkinson, Malouf claims she was informed that performance bonuses would only be considered based on a new reward system. However, other male coaches, such as Head Football Coach Jim Clements and his assistants, received substantial salary increases. Malouf did not.

Malouf was awarded a $4,000 performance bonus in 2022 and an additional $2,858 annual salary increase in 2023, bridging some of the gap. However, she still earned nearly $7,000 less than Driscoll. She contends there is no legitimate reasoning for the pay disparity other than blatant gender discrimination.

Malouf is seeking compensatory damages, including back and front pay, and liquidated damages under Title VII of the Civil Rights Act of 1964 and its amendments; the Equal Pay Act of 1963 and the Pennsylvania Human Relations Act.

The Gold Law Firm P.C. has been fighting for the rights of Pennsylvania and New Jersey workers for over 40 years. If you are experiencing discrimination at work, call 215-569-1999 or visit us online to schedule a free consultation. Located in Philadelphia and Pennsauken, New Jersey, we serve clients in South Jersey and Southeastern Pennsylvania, including Wilkes-Barre, Scranton, Northeast Philadelphia, Bucks County, Chester County, Delaware County, Lehigh County, Montgomery County, and Cherry Hill.

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