Sandra Ortiz-Del Valle's goal was to become the first female
referee in the NBA as she was the first female referee to officiate a men's pro game, a
USBL game in 1991. She refereed a few preseason New Jersey Nets scrimmages in 1992, but
despite her credentials, was passed over repeatedly for an NBA referee position. The
league gave her varying reasons for denying her a job, which Ortiz-Del Valle's
lawyers called a pretext for discrimination.
She brought suit against the NBA on the grounds of gender
discrimination in violation of Title VII. Last spring a jury validated her claim awarding
her $100,000.00 in damages for lost wages, $750,000.00 for emotional distress and $7
million in punitive damages. The judgment against the NBA marked the first time that the
league had ever lost a discrimination suit.
The NBA moved for judgment as a matter of law or alternatively, for a
new trial. The court denied the motion on the condition that the defendant accept reduced
damages of $250,000 in punitive damages, $76,926.20 in lost wages, and $20,000 in
emotional distress. The court found sufficient evidence to support the jury's finding
that Ortiz-Del Valle was discriminated against, however, it felt that the damages were
excessive.
As to the emotional distress award, the court concluded that a remitter
was proper because there was virtually no evidence of Ortiz-Del Valle needing or having
undergone any counseling or psychiatric treatment or of the duration of the mental
anguish, its severity or its consequences, that would support the $750,000.00 award.
The Court reduced the amount of back pay owed Ortiz Del-Valle from
$100,000.00 to $76,926.20. The new amount is the dollar amount she would have earned more
as an NBA referee from 1994-1997 than she actually earned from other sources. Ortiz
Del-Valle claims that the original $100,000 award was based on a jury award of interest on
the $76,926.20. However, there was no evidence to support this claim.
The biggest reduction in the verdict came in the punitive damages
portion of the award, where damages were decreased to $250,000.00, from $7 million. The
court simply found the number to be excessive, finding the ratio of 58.3 times the
remitted amount of compensatory damages to be too high.
The NBA plans to appeal the latest decision, as it is still baffled by
the court's decision. Before the start of the 1997-98 season, the NBA hired two
female officials, Violet Palmer and Dee Kanter. Both woman testified that they had been
hired on merit and that they did not believe the league discriminated. NBA officials do
not understand how a court can claim that the league discriminates against women becoming
officials when they have the only female officials in the four major sports. However, the
timing of the hiring is conspicuous, coming after the charge was filed and before trial.
Top of Page
You Make the Call. . . Index
"You Make The Call..." is a newsletter published four times per year (spring,
summer, fall, winter) by the National Sports Law Institute of Marquette University Law
School, PO Box 1881, Milwaukee, Wisconsin, 53201-1881. (414) 288-5815, fax (414) 288-5818,
munsli@vms.csd.mu.edu. (www.marquette.edu/law/sports/call.html).
This publication is distributed via fax and email to individuals in the sports field upon
request.
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Editorial Staff:
Paul M. Anderson, Editor & Designer
Kirsten Hauser, Associate Editor
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Copyright © 1999 -- All rights reserved.
