NEW ORLEANS (Legal Newsline) - The Sun Belt Conference has made its move to win a racial discrimination lawsuit, noting that the Black former chief compliance officer was fired by a Black commissioner.
The Sun Belt on Oct. 4 filed its motion for summary judgment in the lawsuit brought by Patrick Hairston, who sued last year after asking for a $1 million settlement. After federal judge Nannette Jolivette Brown rejected Hairston's trade practices claim in July, Hairston was left with claims for breach of contract, race discrimination and failure to pay vacation time.
"Keith Gill, Sun Belt's Commissioner and the first Black Commissioner in the history of Division 1-FBS collegiate sports, made the decision to terminate Plaintiff's employment based on performance issues, not based in any way on Plaintiff's membership in the same protected class as Mr. Gill," the motion says.
Hairston wanted to work remotely in 2018 from North Carolina - a request Gill denied because of his sub-standard work performance and the New Orleans-based conference's lack of experience in that area, the motion says.
Gill became increasingly concerned about Hairston's work performance after he became commissioner in 2019, especially after a call related to NCAA governance. A supervisor had to start sitting in on compliance calls during the pandemic, it adds.
"When the pandemic began, it solidified Mr. Gill's decision to terminate Plaintiff's employment due to complexities Sun Belt was dealing with the time," the motion says.
Gill rejected an assistant commissioner's suggestion she could coach Hairston in order to keep his job, the motion says.
According to the complaint, Hairston was fired on April 30, 2020, by the Sun Belt and was told his position was "shut down" due to the COVID-19 pandemic and budget cuts. Hairston alleges suspecting that his termination was due to a toxic workplace that included racial discrimination against him due to his race being African American.