Jenny Moshak, Heather Mason file discrimination lawsuit against Tennessee

Moshak, two others allege 'testosterone wall' created

Jenny Moshak

Jenny Moshak

Collin Schlosser, University of Tennessee Lady Vol strength coach.

Collin Schlosser, University of Tennessee Lady Vol strength coach.

Heather Mason

Heather Mason

Jenny Moshak, Associate AD for Sports Medicine, University of Tennessee Women's Athletics.

Jenny Moshak, Associate AD for Sports Medicine, University of Tennessee Women's Athletics.

Two University of Tennessee athletic department employees and a former employee of the women's athletic department have filed a lawsuit against the university in U.S. District Court, alleging discrimination and retaliation.

Jenny Moshak, the associate director of sports medicine for women's basketball, and Heather Mason, the associate strength and conditioning coach for women's basketball and soccer, are the two UT employees behind the complaint. The third plaintiff is the lone male in the suit — Collin Schlosser, a former Lady Vols associate director for strength and conditioning who was laid off in April.

The suit, which was filed Thursday by attorneys Keith D. Stewart and Stacey C. Sisco, alleges that the university has created "a testosterone wall" effectively prohibiting women from earning equal pay and "further denying Plaintiffs the opportunity to advance their careers by working in men's athletics at the University of Tennessee."

The suit also alleges that the university has allowed "a pattern and practice of gender discrimination to develop which indicates a lack of institutional control."

Debby Jennings, the former Lady Vols associate athletics director for media relations, filed a separate suit last month against the university and athletic director Dave Hart, alleging "unlawful discrimination and retaliation."

Neither Stewart nor Sisco could be reached for comment. A response from a UT official could not be obtained either.

Moshak, Mason and Schlosser originally filed a discrimination complaint in February of 2010 with UT's Office of Equity and Diversity in which they each compared their salary to an employee from men's athletics, whose primary responsibilities centered around football. The claim, which twice was rejected by the university, was taken to the Equal Employment Opportunity Commission.

In the 2010 complaint, Moshak drew parallels to Jason McVeigh, then UT's director of men's sports medicine. At that time, Moshak earned a base salary of $87,500 at a pay grade of 46, but received a raise to $90,993 after the first phase of converging the athletic departments. McVeigh, at a pay grade of 45, made a base salary at

that time of $89,048.

According to salary figures obtained in June by the News Sentinel, McVeigh is making $110,000 as the director of sports medicine-football while Moshak makes $100,000.

In the original complaint, Mason compared her position to four men who had held the title of men's director of strength and conditioning in the three previous years. All made at least $20,000 more than Mason's salary of $80,000 at the time of the complaint.

Ron McKeefery, director of strength and conditioning coach for football, currently makes $240,000 while Mason makes $100,000.

The OED dismissed Schlosser's complaint because he could not show "an employee of the opposite sex earning more compensation for a job that is substantially equal."

In its defense, the men's athletic department argued that when it comes to a top-revenue, athlete-heavy sport like football, it's hard to come up with a fair comparison.

The OED agreed, ruling 10 months later that no gender discrimination occurred. Chancellor Jimmy Cheek signed off on the decision and, upon appeal by the trio, so did UT president Joe DePietro in April of 2011.

Thursday's suit alleges that the university retaliated against Moshak by demoting her from her previous title of associate athletics director for sports medicine and reducing her supervisory authority. The suit says Moshak previously supervised sports medicine/athletic training for all women's sports. It also noted McVeigh's promotion to his aforementioned title.

The suit alleges comparable retaliation against Mason, saying she previously was the assistant athletics director for strength and conditioning, who supervised all women's sports.

Regarding Schlosser, the suit alleges that he was fired as part of a "reduction in force."

The suit requests a trial by jury and seeks equal compensation, monetary damages and a permanent injunction prohibiting the university from "engaging in discrimination based on the sex of the employee or the program with which the employee is affiliated."

Related documents

Lawsuit filed by Jenny Moshak, Heather Mason and Colin Schlosser against UT

The official complaint by Jenny Moshak, Heather Mason and Colin Schlosser against UT

UT president Joe DiPietro's response to complaint

UT chancellor Jimmy Cheek's response to complaint

Amended and restated complaint by Debby Jennings against UT and athletic director Dave Hart

Pat Summitt's affidavit

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Comments » 74

Rich_Is_Re-born writes:

WOW!

northfan writes:

Now there are four smoke plume's over AD Hart.This ain't Bama son-we treat our lady's fair in Tennessee.

lemme_axya_this writes:

in response to northfan:

Now there are four smoke plume's over AD Hart.This ain't Bama son-we treat our lady's fair in Tennessee.

Unlike the Jennings case, this case started long before Hart got here.

DonK37920 writes:

IMO combining the athletic departments makes perfect sense when we are losing money and a lot of the positions are redundant. Too bad these women went for a money grab when their positions became obsolete. It must suck when you realize your job is no longer necessary but the responsible thing to do as manager of the department is to cut the fat! Otherwise our Athletic Department will look like this....

http://www.youtube.com/watch?v=mGS2tK...

cc623 writes:

JM has zero case to complain considering she made more money than her male counterpart(with her clinic money included)and handled less athletes.She should be glad that UT allowed her to have her summer coaching clinics that she made a considerable amount of money from.She should have been fired as soon as she started complaining and replaced with someone that actually cared about the university and it's athletes instead of complaining over someone making more money than her "entitled" @ss.

Cousin_Eddie writes:

What a joke. How many players are on a football team compared to women's basketball? How much revenue does football bring in compared to women's basketball? I own a small company with 3 employees. I should demand to be paid the same as Apple's CEO since we have the same title on our business cards. This lawsuit is such a waste of time and money.

GreerVol22 writes:

If equal revenue is generated then equal pay is a given. Should the strength coach of the womens basketball program make the same as the strength coach for the football team??...NO

Two completly different jobs creating two very different revenue streams. Now, should the football guy leave and the job is open should the basketball lady have a shot?...No, because she isn't qualified for a men's program.

Look, if equal pay was given to the same positions in mens and womens programs we would have to eliminate many of the "lesser" sports like tennis, golf, soccer, volleyball, etc just so we had enough to pay the women in the basketball, track, and swimming and softball programs the same as the men.
Its not pretty but economics never is.

unfortunately...this will probably never see a courtroom, as these ladies will be "settled" with and the fans will pick up the cost next fall with another ticket price hike across the board.

CrankE writes:

Uh...hadn't this case been filed years ago?

This complaint (whine) predates Hart.

And CC623 correctly remembers that her male counterpart handled far more athletes than she did. So by the equal pay for equal work meme, her pay should be adjusted downward according to the number of athletes she served.

UT should have combined the womens and mens ADs decades ago.

The good news? We don't have to look at Debby Jennings picture on this article.

10SE writes:

I think that she should file a suit against her parents!

AlexAndersonAAradio writes:

Thank God we are getting all these bums out of here. Did you hear about the soccer team? Hart ran off the all women staff and hired an all man staff and the socceer team is 3rd in the SEC after being predicted to finish last. Now that is proof that Hart is not being sexist, he' just trying to build a strong athletic program. These bums along with Jennings would have made it impossible. I'm behind Hart 100%. He's doing a great job.

CoverOrange writes:

This comes down to were women specifically denied opportunity to work on men's sports? If not, did these women apply to work on a men's sport?

vollynn writes:

You guys need to get your facts straight. At the time J Moshak first pursued this, she was the assistant AD for women's athletics and oversaw the training for EVERY female athlete at UT. By the way, that number is higher than the number of men who play football at UT. She was responsible for supervising every trainer for every sport of every female athlete. She had more direct reports than her football counterpart and was responsible for the sports medicine treatment of every single female athlete who wore Tennessee orange.

You guys just chose to believe Cheek who demonstrated in his recorded responses to this eeoc case last year that he didn't even understand the basic structure of his own women's athletic department. And, Cheek and Hart have both demonstrated how absolutely truthful they are.

Yes, Moshak is known for working closely with the basketball program, but even that argument goes out the window when the guy who was training the men's bb program (14 athletes) was still making more money during most of Moshaks tenure at UT. And FYI, women's basketball pays for itself at UT before the money bs is tossed out again. Now she has a reduced title and is only supposedly directly responsible for the women's bb team, but that wasn't the case until the consolidation.

So, for 20+ years of her career at UT she had MORE responsibility and saw more athletes by far than the football trainer but made significantly less. That's called gender discrimination.

And to the guy who said she isn't qualified for treating male athletes, she has more years of experience, more professional certifications, and more degrees than a majority of the football trainers in the SEC including ours. Just look it up before you spout off your biased bs. That's like saying you'd rather have a male nurse over a female doctor just because he's a guy.

All you have to do is google this stuff to know how full of it UTs response to this complaint was. It should be no surprise that these professionals had no choice but to pursue the case.

dvols writes:

it's sports!!!!!!

geeeeeeez,

wait...if Dooley keeps losing can he sue ?

thevoice writes:

Time to bring back Dr. Johnson for Pres and Fulmer for AD.

hevol writes:

Moshak and Jennings, deciples of Gloria Ray.

ambrown64 writes:

I am all for equality. That means pay equal to revenue/value-added. This sort of suit is actually anti-woman - playing the victim card when theings aren't slanted in a special fashion for you. Calling the basic rules of the world and commerce "unfair" and "discriminatory" is nonsense. If someone was hating, that's one thing. Beyond that though, this is how it works - for men, women, every species, every race, anytime and everywhere. If my sport generates more than yours, than there is more pie to go around. It may seem unfair, but at least its objective. When we start slanting the table for everyone's "special reason"...that's when things become unfair and...discriminatory. Maybe Hart is a jerk, maybe not, but I suspect that he is just asking these people to exist in the real world, as opposed to the safe nest they've been coddled in.

ambrown64 writes:

in response to vollynn:

You guys need to get your facts straight. At the time J Moshak first pursued this, she was the assistant AD for women's athletics and oversaw the training for EVERY female athlete at UT. By the way, that number is higher than the number of men who play football at UT. She was responsible for supervising every trainer for every sport of every female athlete. She had more direct reports than her football counterpart and was responsible for the sports medicine treatment of every single female athlete who wore Tennessee orange.

You guys just chose to believe Cheek who demonstrated in his recorded responses to this eeoc case last year that he didn't even understand the basic structure of his own women's athletic department. And, Cheek and Hart have both demonstrated how absolutely truthful they are.

Yes, Moshak is known for working closely with the basketball program, but even that argument goes out the window when the guy who was training the men's bb program (14 athletes) was still making more money during most of Moshaks tenure at UT. And FYI, women's basketball pays for itself at UT before the money bs is tossed out again. Now she has a reduced title and is only supposedly directly responsible for the women's bb team, but that wasn't the case until the consolidation.

So, for 20+ years of her career at UT she had MORE responsibility and saw more athletes by far than the football trainer but made significantly less. That's called gender discrimination.

And to the guy who said she isn't qualified for treating male athletes, she has more years of experience, more professional certifications, and more degrees than a majority of the football trainers in the SEC including ours. Just look it up before you spout off your biased bs. That's like saying you'd rather have a male nurse over a female doctor just because he's a guy.

All you have to do is google this stuff to know how full of it UTs response to this complaint was. It should be no surprise that these professionals had no choice but to pursue the case.

Lynn - I actually am interested in facts, and would welcome an education on this, no sarcasm intended. I see that you measure her job by the number of reports and athletes treated. That is one way to measure. I would REALLY turn around my perception of this situation if you could tell me her salary as a percentage of revenue, versus her male counterpart's salary as a percentage of revenue. If her salary as a percentage of overall revenue is lower than that of her male counterpart, I will lean toward believing that there was discriminatory behavior. Do you have that data?

Cousin_Eddie writes:

Since the jobs are the same and she deserves equal pay, I can only assume that women's sports brought in half of the $106 million in revenue last year.

ambrown64 writes:

For 20 years I sold more KIA's to more customers than the guy selling Mercedes...but he still made more. That's called Mercedes discrimination.

movol53 writes:

in response to ambrown64:

Lynn - I actually am interested in facts, and would welcome an education on this, no sarcasm intended. I see that you measure her job by the number of reports and athletes treated. That is one way to measure. I would REALLY turn around my perception of this situation if you could tell me her salary as a percentage of revenue, versus her male counterpart's salary as a percentage of revenue. If her salary as a percentage of overall revenue is lower than that of her male counterpart, I will lean toward believing that there was discriminatory behavior. Do you have that data?

I did not know UT was paying Asst Directors commission.??? Did I miss something??? Title IX states universities must provide equal opportunity for men and women. Can't compare Womens basketball with football. Why would some of you even attempt to do that??? It makes no difference if the sport makes money or not the pay should be the same for equal responsibilities. If UT paid Jenny what she is actually worth we could NOT afford her. She has been by Pat's side for all those championships and kept the girls on the court - -in short she is a miracle worker. If UT is paying coaches on commission they should pay CDD about $5 per game.

TooDlems writes:

Somebody tell those two women to take off their masks because Halloween isn't for a couple more days.

eduardo writes:

Why dont these people just go away?..I mean UT ought to be suing them for stealing from the university. Absurd salaries! In non revenue who cares sports!!!!

ColdBlackWind writes:

(This comment was removed by the site staff.)

chbradshaw writes:

(This comment was removed by the site staff.)

Fall_Creek_Vols writes:

in response to chbradshaw:

(This comment was removed by the site staff.)

That's your perception only. It appears that for you, your perception is reality.

While I wish our own people weren't filing suit against our university, right is right and wrong is still wrong.

Things in your post that are completely irrelevant:

1) Moshak's association with Coach Pat.
2) How much money each sport makes.
3) Your perception of the net worth of the plaintiffs.
4) How attractive you think each of them is.

I guess that fairly well leaves you "out of bullets".

I'm pretty sure you and those who share your neanderthal mindset have never been the victim of discrimination. Otherwise, you'd be singing a different tune. Equal pay for equal work shouldn't be a foreign concept in Tennessee...even for you.

Are the Plaintiffs correct in their allegations? I don't know and neither do you. That's why we have courts to sort such things out.

What if they are right? That's NOT the image I want from my public university.

utfan620 writes:

in response to vollynn:

You guys need to get your facts straight. At the time J Moshak first pursued this, she was the assistant AD for women's athletics and oversaw the training for EVERY female athlete at UT. By the way, that number is higher than the number of men who play football at UT. She was responsible for supervising every trainer for every sport of every female athlete. She had more direct reports than her football counterpart and was responsible for the sports medicine treatment of every single female athlete who wore Tennessee orange.

You guys just chose to believe Cheek who demonstrated in his recorded responses to this eeoc case last year that he didn't even understand the basic structure of his own women's athletic department. And, Cheek and Hart have both demonstrated how absolutely truthful they are.

Yes, Moshak is known for working closely with the basketball program, but even that argument goes out the window when the guy who was training the men's bb program (14 athletes) was still making more money during most of Moshaks tenure at UT. And FYI, women's basketball pays for itself at UT before the money bs is tossed out again. Now she has a reduced title and is only supposedly directly responsible for the women's bb team, but that wasn't the case until the consolidation.

So, for 20+ years of her career at UT she had MORE responsibility and saw more athletes by far than the football trainer but made significantly less. That's called gender discrimination.

And to the guy who said she isn't qualified for treating male athletes, she has more years of experience, more professional certifications, and more degrees than a majority of the football trainers in the SEC including ours. Just look it up before you spout off your biased bs. That's like saying you'd rather have a male nurse over a female doctor just because he's a guy.

All you have to do is google this stuff to know how full of it UTs response to this complaint was. It should be no surprise that these professionals had no choice but to pursue the case.

Ok you seem a bit confused in your first paragraph. Did she oversee every female athlete or did each sport have its own trainer? You said both so I am bit confused. Which one of those comments is fact?

Pretty sure the answer here is clear. BTW, it was the same for the men's side. Each sport's trainer reported to the Head Sports Trainer which was also in charge of football.

And here are some numbers so we can deal with facts. (Current Rosters for each sport including scholarship and walk-on athletes)

Football 111 athletes
Men's Basketball 15 athletes
Women's Basketball 11 athletes
Baseball 37 athletes
Men's Cross Country 40 athletes
Women's Cross Country 29 athletes
Men's Golf 9 athletes
Women's Golf 6 athletes
Rowing 40 athletes
Soccer 28 athletes
Softball 19 athletes
Men's Swimming & Diving 35 athletes
Women's Swimming & Diving 27 athletes
Men's Tennis 8 athletes
Women's Tennis 9 athletes
Men's Track & Field 40 athletes
Women's Track & Field 29 athletes
Volleyball 18 athletes

That's 295 young men and 216 young women of which 111 of those the Men's head athletic trainer dealt with specifically.

Doesn't seem their jobs were equal ...

ps11824 writes:

Women have fought a losing battle since Eve tempted Adam, and Adam was too weak to stand up and take responsibility. So blame Adam.

The more things change the more they stay the same. Same old song, women will never win this war. But they will continue to fight a losing battle.

underthehill writes:

in response to DonK37920:

IMO combining the athletic departments makes perfect sense when we are losing money and a lot of the positions are redundant. Too bad these women went for a money grab when their positions became obsolete. It must suck when you realize your job is no longer necessary but the responsible thing to do as manager of the department is to cut the fat! Otherwise our Athletic Department will look like this....

http://www.youtube.com/watch?v=mGS2tK...

Combining the ath departments does not justify eliminating female employees and replacing them with male employees. The ratio of male to female employees before and after Hart will be an issue in all these suits.

tennesseetyler writes:

If it was so bad why did any of them stay...go bet another job it is a free country...

tennesseetyler writes:

If it was so bad why did any of them stay...go get another job it is a free country...

madrigal writes:

Dave Hart should not mess with Jenny Moshak. She is probably the best trainer in college sports and has had offers from pro teams but chose to stay at UT. Dave Hart is a worse AD than Hammy, and that's saying something.

SummittsCourt writes:

in response to dvols:

it's sports!!!!!!

geeeeeeez,

wait...if Dooley keeps losing can he sue ?

idiot

dragon18 writes:

Wow!!! It definitely gets ugly when there is radical change. I'm really divided on how I feel about this. My initial thoughts when this came out prior to the merging of men and women's athletic departments was financial and it was fair to make the argument for higher pay in the men's athletic department based on revenues. Just like High level management in a fortune 100 company will be paid considerably more than high level management in a smaller company. The combining of the departments has somewhat blurred that argument and you HAVE to deal with equality issues unless you are breaking out each sport as a separate business entity managed by the athletic department. This case could have major ramifications throughout college sports. I do not think it will be settled. I believe too that with title ix, being the law of the land, it may serve as a pretty solid foundation for this case. I do not know what the correct answer is. I hate that there is so much turmoil in our athletic department. Hopefully wisdom will prevail.

underthehill writes:

in response to Fall_Creek_Vols:

That's your perception only. It appears that for you, your perception is reality.

While I wish our own people weren't filing suit against our university, right is right and wrong is still wrong.

Things in your post that are completely irrelevant:

1) Moshak's association with Coach Pat.
2) How much money each sport makes.
3) Your perception of the net worth of the plaintiffs.
4) How attractive you think each of them is.

I guess that fairly well leaves you "out of bullets".

I'm pretty sure you and those who share your neanderthal mindset have never been the victim of discrimination. Otherwise, you'd be singing a different tune. Equal pay for equal work shouldn't be a foreign concept in Tennessee...even for you.

Are the Plaintiffs correct in their allegations? I don't know and neither do you. That's why we have courts to sort such things out.

What if they are right? That's NOT the image I want from my public university.

Very well stated..the information provided to the courts will be interesting..but bottom line for me is ..attorneys usually work these cases on commission and think they have a winner before they file..we'll see...

chbradshaw writes:

The women's athletic department at UT was a 30 year financial orgy since Gloria Ray came up with her first of many financial scams more than 30 years ago when students were forced to pay for their fiscal excesses.

Isn't it ironic how her two biggest scams were stopped in the same year and suddenly all of these bogus lawsuits from marginal players crop up?

WetumpkaThumpa writes:

in response to TooDlems:

Somebody tell those two women to take off their masks because Halloween isn't for a couple more days.

These are not the same as the "women" you would marry as a man. These two think completely differently than those women.

utfan620 writes:

in response to madrigal:

Dave Hart should not mess with Jenny Moshak. She is probably the best trainer in college sports and has had offers from pro teams but chose to stay at UT. Dave Hart is a worse AD than Hammy, and that's saying something.

It doesn't appear that it is Hart messing with Moshak, but Moshak is going after the Athletic Department and jumping on the Jennings bandwagon, by suing, after her previous attempts failed.

She started this back in 2010 before Hart arrived on campus, but there were talks of the two departments merging at the time.

underthehill writes:

in response to dragon18:

Wow!!! It definitely gets ugly when there is radical change. I'm really divided on how I feel about this. My initial thoughts when this came out prior to the merging of men and women's athletic departments was financial and it was fair to make the argument for higher pay in the men's athletic department based on revenues. Just like High level management in a fortune 100 company will be paid considerably more than high level management in a smaller company. The combining of the departments has somewhat blurred that argument and you HAVE to deal with equality issues unless you are breaking out each sport as a separate business entity managed by the athletic department. This case could have major ramifications throughout college sports. I do not think it will be settled. I believe too that with title ix, being the law of the land, it may serve as a pretty solid foundation for this case. I do not know what the correct answer is. I hate that there is so much turmoil in our athletic department. Hopefully wisdom will prevail.

I think you are correct in stating this case could have major ramifications..but I am not sure it will not be settled..I think if UT makes the determination they have too much to lose in court then they may settle..it also appears to me the initial merging was financial but some consideration should have been given to the ratio of male to female empoyees after the merge was completed..it appears this was not done...it also appears to me that if a male employee was hired to replace a female employee in the women's basketball program this will be a strong point in favor of the petitioners..if I was an attorney working on commission I would love to have this case based on nothing more than the 2 points I have listed..and I am sure they have more than this...we'll see...

ColdBlackWind writes:

(This comment was removed by the site staff.)

punkin writes:

in response to chbradshaw:

(This comment was removed by the site staff.)

Finally someone that sees the "agenda". Add that thing from Fla State and the other pics and you will see the agenda.

Ironcity writes:

Hate it that some people have to have a chip on their shoulders their entire life. Theirs a lot of bad apples in the womens department. Glad to know they are being cleansed from the system.

tovolny writes:

GROW the HecKKKLLL UP, GOLD DIGGERS. YOU ARE LETTING A BUNCH OF LAWYERS TAKE YOU ON THE FEEEEEEE RIDE. What a crock.

maxvolfan#217855 writes:

Right before a huge recruiting weekend. Good timing ladies. All I care about are our athletes and this program. All I see is greed here. Go Lady Vols ! Stay focused through all this bs.

maxvolfan#217855 writes:

Don't get me wrong . I'm for equal pay if its equal work. Now I'm no expert but there's more football players to work with than 15 bball players. Idk. I just don't want this to hurt the women's bball program.

WetumpkaThumpa writes:

in response to maxvolfan#217855:

Right before a huge recruiting weekend. Good timing ladies. All I care about are our athletes and this program. All I see is greed here. Go Lady Vols ! Stay focused through all this bs.

(This comment was removed by the site staff.)

maxvolfan#217855 writes:

Rudolph the red-nose reindeer.. had a very shiny nose.. ok ill stop. I want my basketball!

butch31 writes:

in response to lemme_axya_this:

Unlike the Jennings case, this case started long before Hart got here.

I still blame Hart...he could of fixed this, but didn't! This is not the GOOD'OLE BOYS CLUB!

VolzsFan writes:

Title IX was a bad idea!

Witch_Doctors writes:

in response to butch31:

I still blame Hart...he could of fixed this, but didn't! This is not the GOOD'OLE BOYS CLUB!

(This comment was removed by the site staff.)

voloffaith writes:

in response to WetumpkaThumpa:

(This comment was removed by the site staff.)

"Don't judge a book by it's cover." Our everybody has to be a glamour girl society paints an ugly perception grid many judge a person by.....not everybody has to be a knockout to be beautiful/womanly...1st Samuel 16:7 says ,"man looks on the outward appearance,but God looks on the heart." That being said I don't like the lawsuit at all. Is something amiss here? I don't have all the facts on the reasoning for the suit....I guess the thought here is trainer pay = trainer pay regardless of responsibility level differences. If the ladies were basically busy all day as their male counterparts then numbers seen would be irrelevant for the most part. Oh the wonder of it all. I guess they figure the loyalty card doesn't count if they perceive the University doesn't value that anymore....

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