The College Volleyball Coach blog has a good post about the Tennessee-Martin case, putting it into context with the other volleyball coach lawsuits we've seen recently at Fresno State and FGCU. Among other fine points, the author surmises that until volleyball coaches have the bargaining power to negotiate employment contracts with "safety nets," like football and basketball coaches have, "Athletic Directors are able terminate volleyball coaches with very little cost."
This point highlights one of the reasons why this new trend of anti-retaliation litigation is so important -- the threat of litigation adds to the cost of firing a coach, helping to ensure that the AD is basing employment decisions on genuine performance concerns rather than discriminatory or retaliatory reasons.
