Cookson v. Brewer School Department

Kelly Jo Cookson (plaintiff), a lesbian woman, was the head coach of the Brewer High School varsity softball team. During the 2005 season, a former player’s mother complained to the superintendent, Betsy Webb, accusing Cookson of initiating a hazing incident. Webb investigated and, after learning of a previous similar hazing incident in 2004, issued Cookson a letter of reprimand. Daniel Lee succeeded Webb as superintendent. One month into Lee’s tenure, he received a notice of a tort claim by the former player’s family, referencing both hazing incidents. Lee met with Cookson to discuss the tort claim and informed Cookson that he was not considering her removal as head coach or termination. Lee subsequently conducted his own investigation into the tort claim and learned about the earlier complaint and reprimand letter. While Lee was considering whether to recommend Cookson as head coach, he learned of her sexual orientation. Lee met with parents and informed them that there were concerning things in Cookson’s file that he could not share, and he mentioned it was similar to a situation at another school involving a staff member who was a member of a nudist colony. Lee did not recommend Cookson, instead nominating the junior varsity softball coach, who was also a lesbian woman. The school committee accepted Lee’s recommendation. Cookson filed a complaint against the Brewer School Department (the school) (defendant), alleging employment discrimination in violation of the Maine Human Rights Act, which banned discrimination on the basis of sexual orientation. The court entered summary judgment in favor of the school and Lee.