Case 5:20-cv-00177-gwc Document 1 Filed 11/04/20 Page 1 of 5

UNITED STA TES DISTRICT COURT 2121 NOV -4 AM ff: 06

FOR THE
DISTRICT OF VERMONT

JEANNE HULSEN, * Civil Action No.

Plaintiff *
V.
*
*
5:20-cv . ,,7
*
BURLINGTON SCHOOL *
DISTRICT, *
Defendant *
COMPLAINT FOR EQUAL PAY VIOLATION

PARTIES

I) Plaintiff is a resident of South Burlington, Vermont.

2) Defendant Burlington School District is a department of the City of Burlington,

Vermont.

JURISDICTION

3) The Court has federal question jurisdiction under 28 U.S.C. §§ 1331.

Supplemental jurisdiction over state law questions is provided by 28 U.S.C. § I 367.

FACTS

4) Ms. Hulsen was employed as Director of Athletics at Burlington High School

from 1998 to 2020.

5) The job position was redefined as District Coordinator-Head of Athletics

commencing August I, 2020.

6) Despite the redefinition, the new position was substantially equal in skill, effort

and responsibility, and performed under similar working conditions as the former

position.
 Case 5:20-cv-00177-gwc Document 1 Filed 11/04/20 Page 2 of 5

7) Ms. Hulsen was not hired for the newly defined position and was replaced by a

much younger male who upon information and belief is in his twenties.

8) Burlington School District paid him a starting salary of $87,405.50 commencing

in August of 2020.

9) In nominal dollars, Burlington School District paid him $57,405.50 more than the

$30,000 starting salary it paid Ms. Hulsen in 1998.

I 0) Adjusting Ms. Hulsen 's 1998 $30,000.00 starting salary for inflation, Ms.

Burlington School District paid Ms. Hulsen a starting salary of about $47,720.56 in 2020

dollars.

11) Even adjusting Ms. Hui sen' s starting salary for inflation, Burlington School

District paid her male successor a starting salary which was almost $39,700 higher in

2020 dollars.

12) Ms. Hulsen's male successor received a Bachelor of Arts Degree at St. Michael's

College in Media Studies, Journalism, and Digital Arts in May of 2012 and a Master of

Science in Athletic Leadership from Castleton University in Castleton, Vermont in

August of 2018.

13) Ms. Hulsen received in 1982 a Bachelor of Science degree from Indiana

University in marketing and Management and a Master's Degree in Recreational

Management from the University of Vermont in 1984.

14) Ms. Hulsen also has certification and licensure in American Society of Exercise

Physiologists (ASEP) National High School Coaching (1999); Z Health Essentials Elite

(201 0); as a United States Professional Tennis Registry (USPTR) Instructor (2005);

United States Professional Tennis Association (USPTA) Coaching Development (1999);

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 Case 5:20-cv-00177-gwc Document 1 Filed 11/04/20 Page 3 of 5

Evolve 9 Player Development (20 IO); Quick Start Training (2011 ); and is a member of

the United States Tennis Association (USTA), National Interscholastic Athletic

Administrators Association (NIAAA), and National Federation of High Schools (NFHS),

including NFHS Professional Development Athletic Leadership Training Courses in legal

issues, community centered educational athletics, positive sporting behavior, challenging

personalities, tech and advance applications, and guiding foundations and philosophies.

15) Ms. Hulsen's male successor was an Athletic Director Intern at Saint Michael's

College in Colchester Vermont from January to May, 20 I 8, then then had two years

previous job experience as Athletic Director of the Woodstock, Vermont Union High

School and Middle School from August 2018 to July 2020.

16) Ms. Hulsen held a Middle and High School Athletic Director position in the

Herkimer New York School District Class-C Interscholastic Program from 1994 to 1997.

17) Ms. Hulsen had 22 years of experience in her position with BSD from August

1998 to August 2020 which involved management and supervisory responsibilities over a

number of sports at a Division I level.

18) Ms. Hui sen' s job management and supervisory responsibilities at BSD in 1998-

99 started with

• Football
• Girls' Soccer
• Boys' Soccer
• Girls' Cross Country
• Boys' Cross Country
• Cheerleading
• Field Hockey
• Boys' Ice Hockey
• Girls' Basketball
• Boys' Basketbal I
• Girls' Alpine Skiing

3
 Case 5:20-cv-00177-gwc Document 1 Filed 11/04/20 Page 4 of 5

• Boys' Alpine Skiing

• Girls' Nordic Skiing
• Boys' Nordic Skiing
• Baseball
• Softball
• Girls' Track & Field
• Boys' Track & Field
• Boys' Golf
• Girls' Tennis
• Boys' Tennis

19) BSD added to these responsibilities over the years with an increase in supervision

of staff, student participation and event management and faculty management

responsibilities:

• Varsity Girls' Ice Hockey added in 2002/2003 (1 coach);

• Varsity Boys' and Girls' Indoor Track added in 2013 (3 coaches);
• Varsity and JV Girls' Lacrosse added in 2013 (3 coaches);
• Varsity and JV Boys' Lacrosse added in 2013 )3 coaches);
• Varsity Girls' Golf added in 2014'14 (1 coach);
• Varsity and JV Girls' Volleyball added in 2014 (2 coaches);
• Varsity and JV Boys' Volleyball added in 2014 (2 coaches);
• Varsity and JV Girls' and Boys' Bowling added in 2017/2018 (2 coaches);
• Varsity and JV Girls' Ultimate Frisbee added 2018/2019 (3 coaches);
• Varsity and JV Boys' Ultimate Frisbee added in 2018/2019 (3 coaches).

20) Ms. Hulsen initiated construction of BHS' new outdoor athletic complex with a

track and turf field opened in 2009.

21) This made possible the hosting of the annual fall hosting of the Division 1 Girls'

and Boy's State Soccer Championships and Spring Division 1 Boys and Girls Track and

Field State Championships for which Ms. Hulsen was directly responsible.

22) As a result, BHS also hosted State Championships in Football and Lacrosse at this

facility for which Ms. Hulsen was directly responsible.

23) These events required the management of thousands of people.

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 Case 5:20-cv-00177-gwc Document 1 Filed 11/04/20 Page 5 of 5

24) The addition of this complex also created new opportunities for summer

programming. Consequently Ms. Hulsen was assigned additional duties to support

facility use and rentals for Burlington High School summer athletic camps, Burlington

Parks and Recreation programs, and football, soccer, and baseball rentals.

25) The supervisory responsibilities of her successor at Woodstock involved far fewer

sports activities and not at a Division I level, and no comparable events.

26) At the end of 2014/2015, Ms. Hulsen's full time administrative assistant of

sixteen years retired.

27) A replacement assistant was hired in 2015/2016, but only as a half time position,

despite this growth in program responsibilities.

27) However, with the hiring of Ms. Hulsen's successor in 2020, that position was

restored to a full-time position, providing her male successor with support resources that

had been denied to her.

28) Burlington School District violated the Equal Pay Act 29 U.S.C. § 206(a)(l), and

of the equal pay provisions of the Vermont Fair Employment Practices Act, 21 V.S.A. §

495(a)(8).

29) She seeks all appropriate relief, including back pay, liquidated damages,

prejudgment interest, plus attorney's fees, and litigation costs, under 29 U.S.C. § 2 I 6(b)

and /or 21 V.S.A. § 495b(b).

A JURY TRIAL IS DEMANDED ON

Dated at Burlington, Vermont this;;,''~y of NttJO~ j

L ISSUES SO TRIABLE

Joh L. Franco, Jr.

Att rney for Jeanne Hulsen

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~s 44 (Rev. 12/07)
CIVIL COVER SHEET
The JS 44 civil cover sheet_ and the infonnation contained_ herein neither replace nor supplement the filing and service ofpleadings or other papers as required by law, except as provided
by local rules of court. This form, approved by the Jud1c1al Conference of the United States m September 1974, 1s required for the use of the Clerk of Court for the purpose of mitiating
the CIVll docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS d DEFENDANTS St vi

J-f'
0 Y) 'l --t.. r, c.t I~ .P n 1},<,7f, c7
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOL YEO.

(c) Attorney's (Furn Name, Address, and Telephone Nwnber) Jchn J. ~{uJi Attorneys (If Known)

/fd Uh!,,., 'Jf 1)1,1rf,...,)*" 1 1/f C){,J.1-c/ (f5C:J.)('lf"(j)q- 72crT

II. BASIS OF JURISDICTION (Place an "X'' in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X" in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant}°
01 U.S. Government Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen ofThis State O I O I Incorporated or Principal Place O 4 0 4
of Business In This State

0 2 U.S. Government 0 4 Diversity Citizen of Another State 0 2 0 2 Incorporated and Principal Place 0 5 0
Defendant of Business In Another State
(Indicate Citizenship of Parties in Item III)
Citizen or Subject of a 0 3 0 3 Foreign Nation 0 6 0 6
Forei n Coun
IV NA TUREO F SUIT (Place an "X'' in One Box Onlv)
I CONTRKCT,/ ' ···••.. , .. ..., ·.... ....... , :· TORTS . :.-· .,·. .,.,, .. ,., !' '·' L11111H•'>>lTUKE/PEN'ALTY'•,:· . ., ""'•-· ,, ?·;: , : ·:OTHER,STATUl'ES I
'"
0 II OInsurance PERSONAL INJURY PERSONAL INJURY 0 610 Agriculture o 422 Appeal 28 use 158 0 400 State Reapportionment
0 120 Marine 0 310 Airplane 0 362 Personal Injury- 0 620 Other Food & Drug 0 423 Withdrawal 0 410 Antitrust
0 130 Miller Act 0 3 I 5 Airplane Product Med. Malpractice 0 625 Drug Related Seizure 28 use 157 0 430 Banks and Banking
0 140 Negotiable Instrument Liability 0 365 Personal Injury - of Property 21 USC 881 0 450 Commerce
0 150 Recovery of Overpayment a 320 Assaul~ Libel & Product Liability 0 630 Liquor Laws ·. ·i'PROP!i:RT¥RJGHTS .;_,
0 460 Deportation
& Enforcement ofJudgmenI Slander 0 368 Asbestos Personal 0 640 R.R. & Truck • 820 Copyrights 0 470 Racketeer Influenced and
0 151 Medicare Act 0 330 Federal Employers' Injury Product 0 650 Airline Regs. 0 830 Patent Corrupt Organizations
0 152 Recovery of Defaulted Liability Liability 0 660 Occupational 0 840 Trademark 0 480 Consumer Credit
Student Loans 0 340 Marine PERSONAL PROPERTY Safety/Health 0 490 Cable/Sat TV
(Exel. Veterans) 0 345 Marine Product 0 370 Other Fraud 0 690 Other 0 8 IO Selective Service
0 153 Recovery of Overpayment Liability 0 371 Truth in Lending 1,.. ,.\,-!o/i': "/i':,/, r,~4. llr.:fll :._,,J ,;· ;".,,;;,x:. , .. i , ....... 0 850 Securities/Commodities/
of Veteran's Benefits 0 350 Motor Vehicle 0 380 Other Personal 1~710 Fair Labor Standards 0 861 HIA (1395ft) Exchange
0 160 Stockholders' Suits 0 355 Motor Vehicle Property Damage Act 0 862 Black Lung (923) 0 875 Customer Challenge
0 190 Other Contract Product Liability a 385 Property ~ e 0 720 Labor/Mgmt Relations 0 863 DIWC/DIWW (405(g)) 12 USC 3410
0 I 95 Contract Product Liability 0 360 Other Personal Product Liability 0 730 Labor/MgmtReporting 0 864 SSID Title XVI 0 890 Other Statutory Actions
0 196 Franchise lninrv & Disclosure Act 0 865 RSl(405!e)\ 0 89 I Agriculrural Acts
I REAL PROPERTY • · · , ,.. ,CJVILRIGHTS · .· -' -·PRISONERPE'llITIONS' 0 740 Railway Labor Act ·J'EDVD-.U TAX.SUI'I'S· ;. 0 892 Economic Stabilization Act
0 210 Land Condemnation 0 441 Voting 0 510 Motions to Vacate •
790 Other Labor Litigation 0 870 Taxes (U.S. Plaintiff 0 893 Environmental Matters
0 220 Foreclosure 0 442 Employment Sentence 0 791 Empl. Ret Inc. or Defendant) 0 894 Energy Allocation Act
0 230 Rent Lease & Ejectrnent 0 443 Housing/ Habeas Corpus: Security Act 0 871 IRS-Third Party 0 895 Freedom of Information
0 240 Torts to Land Accommodations 0 530 General 26 use 7609 Act
0 245 Tort Product Liability 0 444 Welfare 0 535 Death Penalty " · · '"~ DffiHGRAl'ION {1/'<'\ >. 0 900Appeal ofFce Detennination
0 290 All Other Real Property 0 445 Amer. w/Disabilities - 0 540 Mandamus & Other D 462 Naturalization Application Under Equal Access
Employment" 0 550 Civil Rights 0 463 Habeas Corpus - to Justice
0 446 Amer. w/Disabilities - 0 555 Prison Condition Alien Detainee 0 950 Constitutionality of
Other 0 465 Other Immigration State Statutes
0 440 Other Civil Rights Actions

V. ORIGIN (Place an "X" in One Box Only) Appeal to District

M°" Original 0 2 Removed from O 3 Remanded from O 4 Reinstated or O 5 Transferred from O6 Multidistrict 0 7 Judge from
1 · Proceeding State Court Appellate Court Reopened anoth_er dtstnct
s ec1fv
Litigation Magistrate
Jud ment
Cite the U.S. Ci ii Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
VI. CAUSE OF ACTION 1----___.',__.....,v......,...,,·_ _....._....._.t-"L.;...,c._..;_)- - - - - - - - - - - - - - - - - - -

VII. REQUESTED IN DEMANDS CHECK YES only if demanded in complaint:

COMPLAINT: JURY DEMAND: ~Yes O No
VIII. RELATED CASE(S)
(See instructions):
IFANY DOCKET NUMBER

DATE

~-oa OFFICE USE ONLY

RECEIPT# l\\,55 l,(;l_ AMOUNT j(,Q \co DGE(;wc. 101a MAG. JUDGE _ _ _ _ _ __

5:20·CV- /77