NSBA Legal Clips
Archived entries for Title VII

Federal district court in New York state rules school district employee may maintain Title VII retaliation claim based on sexual orientation

A federal district court in New York state has ruled that a former school guidance counselor had stated valid claims for Title VII retaliation based on sexual orientation and gender. It also found that he had stated a valid claim for retaliation under the Age Discrimination in Employment Act (ADEA). However, the court rejected his Title VII and ADEA substantive discrimination claims.

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Pennsylvania district agrees to settle former employee’s race discrimination suit

Easton Area School District has agreed settle a race discrimination suit brought by Paxinosa Elementary School Principal David Hightower, says the Morning Call. EASD will pay Hightower $60,000 plus attorney fees, according to an agreement released by the school district’s lawyer.

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New York district hit with race discrimination suit by three former employees

The Long Island Herald reports that three African-American former employees of Malverne Union Free School District (MUFSD) have filed suit in federal court against the district and several school administrators, alleging racial discrimination.

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Federal appellate court rejects discharged finance director’s claims of discrimination and retaliation against Pennsylvania district

A three-judge panel of the U.S. Court of Appeals for the Third Circuit (PA, NJ, DE, VI) has ruled that a school district’s former finance director failed to present sufficient evidence of Title VII employment discrimination or retaliation based on her termination.

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Illinois district settles suit over denying Muslim teacher leave for religious pilgrimage

Berkley School District 87 (BSD87) has agreed to settle a suit brought by the U.S. Department of Justice on behalf of a former middle school school teacher who was denied leave in order to make a pilgrimage to Mecca, Saudi Arabia required by her Muslim faith, reports Business Insurance. BSD87 has agreed to pay the teacher, Safoorah Khan, $75,000 in lost wages, compensatory damages and legal fees.

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Arizona school district agrees to settle employment discrimination suit brought by DOJ on behalf of Hispanic female custodians

Tucson Unified School District (TUSD) has agreed to pay five custodians at Rincon/University High School $45,000, says the Arizona Daily Star, in settlement of a discrimination lawsuit brought by the U.S. Department of Justice (DOJ) on behalf the Hispanic and female custodians.

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Federal appellate court reinstates school custodian’s retaliation claim, but upholds lower court’s dismissal of gender discrimination claim

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit (IL, IN, WI) has ruled that a female custodian employed by Chicago Public Schools (CPS) failed to state a valid claim for gender discrimination under Title VII, but did state a valid claim for retaliation. The panel concluded that the custodian had shown personal dislike, not discriminatory animus, between herself and the principal. The jury must decide, however, whether certain adverse actions were in retaliation for the custodian filing a discrimination complaint with the Equal Employment Opportunity Commission (EEOC) and the instant suit.

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Two suits accuse Indiana school district of race-based employment discrimination

Two former Anderson Community School Corporation (ACSC) employees filed separate suits in November 2010 charging the school district with racial discrimination, says the Herald Bulletin. Both suits claim that similarly situated white staff members were given preferential treatment.

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Group of white teachers file suit against Pennsylvania school district alleging racial discrimination

Four white teachers at Thomas Mifflin Elementary School (TMES) have filed suit against the Philadelphia School District (PSD), the Philadelphia Federation of Teachers Union (PFTU), TMES’s former principal and other school officials, alleging racial discrimination, says Courthouse News Service. Their suit charges that they were the victims of various forms of race-based disparate treatment at the hands of administrators, including being accused by Principal Charles Ray III “of being unfit to teach the African American students.”

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Federal appellate court rejects school district’s affirmative action defense to claim of Title VII reverse discrimination

A three-judge panel of the U.S. Court of Appeals for the Second Circuit has ruled, with one judge concurring in the judgment, that a group of primarily white male custodial employees has stated a valid “reverse discrimination” claim under Title VII, ยง 703, based on a voluntary settlement agreement entered into by the New York City Department of Education (NYCDE) and the federal government. The agreement awarded retroactive seniority to a group of minority custodial employees who are African-American, Hispanic, Asian and female. The panel’s opinion is the first to apply Ricci v. DeStefano, 129 S. Ct. 2658 (2009), to a reverse-discrimination challenge to a Title VII settlement agreement.

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