The Minnesota Court of Appeals ruled Monday that the University of Minnesota's ex-golf director cannot be sued by a former coach who alleges he discriminated against her because she is a lesbian.
The order reverses an earlier decision by a Hennepin County District Court judge that denied John Harris' request to be dismissed from Kathryn Brenny's lawsuit against him and the University of Minnesota.
In a 2-1 decision, the Appeals Court said Harris cannot he held liable because his actions fell within his duties as a U employee.
Harris resigned last year after one season on the job. Brenny's lawsuit against the university is still pending in Hennepin County District Court.
Brenny's attorneys had argued that Harris' alleged interference with her employment contract was "motivated by malice and bad faith" which "took him outside the scope of" his employment.
The Appeals Court disagreed, stating the conduct was "within his authority and capacity as a university employee."
In dissent, Appeals Court Judge Larry Stauber wrote that if Brenny can prove Harris discriminated against her, his conduct "was wholly unrelated to the university's management or supervision of Ms. Brenny as an employee; instead, it was a personal attack based on nothing but his own bigotry."
Brenny sued Harris and the university in January 2011, alleging that Harris stripped her of her duties as soon as she began her job as associate golf coach and he discovered her sexual orientation. The suit says the U and Harris violated her rights as a member of a protected class under the state Human Rights Act.
