The Town of Andover says former football coach E.J. Perry failed to meet performance standards and was not passed over because of his age or disability.

That claim is the centerpiece of a seven-page court filing the town submitted Sept. 3 in Essex Superior Court, its first formal response to the discrimination lawsuit Perry filed in August, as the Andover Townsman reported. Andover News first reported the town's response on Wednesday, Sept. 9.

The filing does not identify which performance standards Perry allegedly failed to meet. It does not explain why Jay Fielding, who was in his 30s, was selected over Perry, 61, despite the town acknowledging Perry had more coaching experience.

Perry's claims

Perry's three-count complaint alleges age discrimination, disability discrimination and retaliation under Massachusetts law. He is seeking compensation for lost wages, emotional distress and damage to his reputation, along with attorney's fees and punitive damages. His complaint does not specify a dollar amount.

The allegations have not been proven in court. The town and Andover Public Schools do not comment on active lawsuits under their pending-litigation policy.

Perry, who has foot drop, a condition affecting his ability to walk that he had for at least 10 years while coaching at Andover, alleges he was subjected to a hiring process that younger, nondisabled coaches did not face. Andover High Principal Jimmy D'Andrea informed Perry on March 12, 2025, that he had not been selected as head coach.

Perry's complaint alleges that then-Athletic Director Wayne Puglisi sent him a letter the next day calling him "the best coach the high school ever had" and included a scratch ticket. The town admits Puglisi sent the letter and scratch ticket but says the document speaks for itself.

Perry filed a discrimination complaint with the Massachusetts Commission Against Discrimination (MCAD) on March 19, 2025, one week after learning he was not selected.

The town's defense

The town and D'Andrea, who is named as a co-defendant, deny that Perry always performed his coaching duties satisfactorily. They also deny his claim that he was never previously required to reapply for a coaching position while younger, nondisabled coaches were allowed to continue without reapplying.

That reapplication dispute had already gone through a grievance proceeding before the Andover School Committee. School administrators said at the time that all coaches were required to reapply annually. The committee unanimously rejected Perry's grievance, concluding he had retired and the issue was not subject to the grievance process.

Perry disputes that characterization.

Perry's complaint also alleges that Andover basketball coach David Fazio told another coach on Feb. 24, 2025, that Perry would not get the job and that Fazio's cousin, Fielding, would be hired. That alleged conversation took place one day before Perry's interview with an 11-member committee headed by D'Andrea. The town says it does not have enough knowledge to admit or deny the allegation.

The defendants also deny that Perry was required to participate in a second "factual finding interview" on March 5, 2025.

The defendants challenge Perry's retaliation count, arguing he did not engage in legally protected conduct and that no connection exists between any protected activity and an adverse employment action.

What comes next

The defendants list 25 affirmative defenses, including that Perry failed to establish an initial case of discrimination, that some claims are barred by the statute of limitations and that he failed to mitigate damages. The town and D'Andrea are asking that the lawsuit be dismissed.

Both sides have requested a jury trial. No trial date or next court date has been announced.