A lawsuit has been filed against the University of Houston that accuses the school of discrimination and failure to properly post its head football coaching position.

In a suit filed Aug. 15 in Harris County District Court, Dr. Kevin Simms claims African-American candidates, including himself, were not afforded the opportunity to apply for the job because it was never posted, as required by state law.

UH announced the hiring of Dana Holgorsen on Jan. 2, three days after it fired Major Applewhite.

Simms, the president of the African-American Coaches Association, is seeking damages totaling $20 million and benefits, the amount of the five-year contract Holgorsen signed with the school.

The lawsuit seeks damage for "loss (sic) wages, loss (sic) earning capacity, future pecuniary losses, emotional pain, suffering, inconvenient (sic), mental anguish, loss of enjoyment of life ..." Simms requests a jury trial.

Simms also seeks actual compensatory damages, including "back pay and front pay and loss of all employment benefits." He's also filed with Texas Workforce Commission and U.S. Equal Employment Opportunity Commission.

In the lawsuit, Simms claims to have "over 30 years of coaching experience and is clearly more qualified than Dana Holgersen (sic)." A search found no listings of any previous coaching jobs for Simms.

The lawsuit adds, "the University of Houston continues to bypass African Americans in applying and being considered for the head football coach position as it does not adhere to the job posting and advertising requirements."

Specifically, Simms claims UH is in violation of Texas Labor Code 21, which requires a job to be posted a minimum two weeks." Sports Illustrated reported that Holgorsen and Tilman Fertitta, UH's board of regents chairman, had a verbal agreement to terms before the Cougars played in the Armed Forces Bowl on Dec. 22.

UH released a statement on the suit: "The University of Houston believes this case is without merit and looks forward to its resolution."

Simms' attorney, Debra V. Jennings, did not respond to an email seeking comment.

UH Lawsuit by Houston Chronicle on Scribd

In January, Simms questioned the school's hiring process at Holgorsen's introductory press conference.

"Why was (the position) not opened up so other minorities could apply," Simms asked school leadership during an awkward moment at the press conference.

"We interviewed a spectrum of candidates of all diversities," UH athletic director Chris Pezman responded. "It was not just one person, one moment."

"We think that was an unfair process," Simms said.

Fertitta added: "I can tell you this, at the University of Houston we have a colorblind process. If we decide to go after somebody, we go after them. I don't care if they are white, black, Chinese or Indian."

Holgorsen joined UH after spending eight years at West Virginia. He was previously offensive coordinator at UH from 2008-09 under head coach Kevin Sumlin, who is African-American.