Connect with us

Maryland

Judge rules trans teacher’s lawsuit against P.G. County can go to trial

Gay man files separate case charging discrimination

Published

on

Jennifer Eller, gay news, Washington Blade
Jennifer Eller alleges the P.G. County school system subjected her to discrimination and harassment. (Photo courtesy of Lambda Legal)

A federal judge in Maryland issued a ruling on Tuesday, Jan. 18, clearing the way for a lawsuit filed by transgender former English teacher Jennifer Eller in 2018 charging the Prince George’s County, Md., Public Schools with discrimination and harassment based on her gender identity to proceed to a trial.

In the ruling, Judge Theodore D. Chuang of the U.S. District Court for the District of Maryland denied key parts of several motions filed by attorneys representing the P.G. County Public Schools that in effect called for the dismissal of the lawsuit. The motions, among other things, claimed the lawsuit failed to provide sufficient evidence that Eller was subjected to discrimination and harassment, which forced her to resign due to a hostile work environment.

Chuang also ruled against a separate motion introduced by Eller’s attorneys calling for him to issue a summary judgement decision affirming all the lawsuit’s allegations that would have ended the litigation in Eller’s favor without the need to go to trial.

Eller’s lawsuit charges that school officials acted illegally by failing to intervene when she was subjected to a hostile work environment for five years that included abuse and harassment by students, parents, fellow teachers, and supervisors and retaliation by school administrators.

The lawsuit alleges that the school system and its administrators in its actions against Eller violated Title VII of the U.S. Civil Rights Act of 1964, Title IX of the federal Education Amendments Act of 1972, the Equal Protection Clause of the U.S. Constitution, the Maryland Fair Employment Practices Act, and the nondiscrimination provision of the Prince George’s County Code.

“We think the judge did as best he could,” said Omar Gonzales-Pagan, an attorney with the LGBTQ litigation group Lambda Legal, which, along with the D.C. law firm Arnold & Porter, are representing Eller in her lawsuit.

“The takeaway is that the case is now in a posture to proceed to trial,” Gonzales-Pagan told the Washington Blade. “The court found that the alleged facts and the information as discovered throughout the case in the discovery process is sufficient to allow a jury to find whether Jennifer Eller was subjected to a hostile work environment and constructive discharge and retaliation unlawfully by the defendants,” he said.

By the term constructive discharge, Gonzales-Pagan was referring to the lawsuit’s charge that Eller was forced to resign from her teaching job in 2017 after being diagnosed with post-traumatic stress disorder due to the alleged abuse she faced on the job.

P.G. County Public Schools officials have declined to comment on the lawsuit on grounds that the school system has a longstanding policy of not discussing pending litigation. However, in its response to the lawsuit in court filings, school system officials have denied Eller’s allegations of discrimination, harassment, and retaliation.

“For years, I was aggressively misgendered, attacked and harassed in the hallways and even in my own classroom by students, peers and supervisors,” Eller said in a statement released by her attorneys.

“My pleas for help and for sensitivity training on LGBTQ issues for students and staff, were ignored,” Eller said in her statement. “The relentless harassment stripped me of the joy of teaching and forced me to resign,” she said. “It is time for Prince George’s County Public Schools to be held accountable.”

The lawsuit says the harassment and discriminatory action against her began in 2011 when she began presenting as female during the school year. It says school officials initially responded to her complaints about the harassment by demanding that she stop dressing as a woman and return to wearing men’s clothes, which she refused to do.

In a separate action, gay former Spanish teacher Jared Hester filed on his own without an attorney a lawsuit in the Maryland federal court charging the P.G. County Public Schools with failing to take action to prevent him from being subjected to discrimination and harassment similar to some of the allegations made in Eller’s lawsuit.

Hester told the Blade that he was subjected to harassment by students who repeatedly called him “faggot,” but school officials, including the principal of the middle school where he taught, refused to take action to stop the harassment.

He provided the Blade with copies of earlier complaints he filed against school system officials with the U.S. Equal Employment Opportunity Commission (EEOC), the Maryland Commission on Civil Rights, and the P.G County Public Schools’ internal Office of Equity Assurance. Each of the three agencies issued rulings against Hester’s complaints, with two of them saying sufficient evidence could not be found to support his allegations.

The EEOC, in a Nov. 3, 2021 “dismissal” notice, told Hester the EEOC “will not proceed further with its investigation, and makes no determination about whether further investigation would establish violations of the statute.” The notice added, “This does not mean the claims have no merit” or that the respondent, meaning the P.G. County Public Schools, “is in compliance with the statutes.”

The notice did not give a reason for why it chose to end its investigation into Hester’s complaint, but it said his filing with the EEOC cleared the way for him to file a lawsuit to further his case against the school system. 

Hester told the Blade he reached out to Lambda Legal to represent him in his lawsuit, but the LGBTQ litigation group declined to take on his case without giving a reason. Gonzalez-Pagan, the Lambda attorney working on the Eller case, said he was unfamiliar with Hester’s request for representation. Another Lambda official couldn’t immediately be reached to determine the reason for its decision not to represent Hester.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Maryland

Advocates for trans students urge Md. to fight White House threats

Four school districts under federal investigation

Published

on

(Washington Blade photo by Michael Key)

By JESSICA CALEFATI | Allies of transgender children are urging state education officials to fight back against the Trump-Vance administration, which has threatened to punish a growing number of Maryland school districts over local policies that affirm students’ gender identities.

The advocates testified Tuesday morning before the Maryland State Board of Education — one day after the U.S. Education and Justice departments alleged that Anne Arundel County’s school system violated federal student privacy law by withholding a student’s gender identity from their parents. A spokesperson for the district said Monday legal counsel had not yet reviewed the claims and that the district had no further comment.

School districts in Prince George’s, Montgomery, and Frederick Counties were already under investigation for allegedly violating Title IX, the civil rights law that prohibits sex-based discrimination. The federal government last month threatened to revoke funding from the districts because they allow trans students to use restrooms and locker rooms that align with their identities.

The rest of this article can be read on the Baltimore Banner’s website.

Continue Reading

Maryland

White House threatens Anne Arundel schools over gender identity policy

District faces possible legal action or loss of federal funding

Published

on

The U.S. Education and Justice Departments together determined Anne Arundel County’s school system violated federal student privacy law by withholding information about a student’s gender identity from the child’s parents. (Photo by Ulysses Muñoz for the Baltimore Banner)

By JESSICA CALEFATI | The Trump-Vance administration on Monday threatened to punish Anne Arundel County’s school system with legal action or the loss of federal funding for allegedly withholding information about a student’s gender identity and transition from the child’s parents.

The U.S. Education and Justice Departments together determined that the suburban Maryland district treats students’ gender identities as confidential medical information that cannot be shared with parents, in violation of federal student privacy law, according to a news release. A federal lawsuit filed against the district earlier this month made similar claims.

“As a mother and a grandmother, it is unconscionable that any school district would hide the most sensitive information about children in their care from their own parents,” U.S. Secretary of Education Linda McMahon said in a statement. “This is not only an affront to basic moral principles, but also to parents’ rights under federal law.”

The rest of this article can be read on the Baltimore Banner’s website.

Continue Reading

Maryland

Christa Tichy hopes to preserve LGBTQ representation in Md. House of Delegates

Queer Democrat running to succeed retiring state Del. Bonnie Cullison

Published

on

Christa Tichy on the campaign trail. She is running to succeed retiring Maryland state Del. Bonnie Cullison (D-Montgomery County). (Photo courtesy of Tichy's campaign)

When longtime Maryland state Del. Bonnie Cullison (D-Montgomery County) announced she would retire, Christa Tichy immediately saw an opportunity.

The queer Democrat advanced from the June primary and will appear on the November ballot, hoping to succeed one of Maryland’s first openly LGBTQ legislators and preserve LGBTQ representation in Annapolis.

“But when Bonnie made that announcement, I knew right away that that’s what I was supposed to do,” Tichy told the Washington Blade during a recent interview. She always felt connected to Cullison’s background, which she said is very similar to her own.

Some of these shared traits include a background in teaching and a strong connection to Leisure World of Maryland. Cullison has inspired her in the past and feels motivated to take her place. She had always hoped to be her successor.

Besides their shared background, she also understands how important it is under the Trump-Vance administration to advocate for LGBTQ rights, as Cullison had in the past.

“I think there’s a lot of fears with the present administration of losing certain rights. And you know, Bonnie was a big advocate for marriage equality. I want to continue that, and you know, make sure that legislation that protects that is in place,” Tichy said.

Beyond specific policy priorities, Tichy said preserving LGBTQ representation in the General Assembly was equally important.

“I mean, of all the candidates that ran, I was the only female. […] I thought we needed that voice. We could not just let that voice be forgotten,” Tichy said.

Tichy said she believes serving in the Maryland General Assembly is where she can have the greatest impact on the issues she cares most about; including education, labor, and working families.

“I knew that this was my passion, and I felt this is where I could be most effective on a state level when it came to education, labor, for working with families,” Tichy said.

Throughout the campaign, Tichy said one unexpected source of enthusiasm came from her personal life. She and her now-wife, Jodie Bekman, were married during the campaign, and constituents closely followed their journey.

“A lot of my constituents knew that I was engaged in getting married, and they met my now wife, and our marriage was like part of the campaign,” Tichy said. “So, like our ring, the date, […], Jodie would come along with me just about at every event, so people got to know her and couldn’t help but like her.”

She believes that openness helped voters connect with her campaign on a personal level.

“I think there was an energy and an excitement to seeing two people that much in love that actually could win. I think that all contributed to it,” Tichy said.

From left: Christa Tichy and her wife, Jodie Bekman (Photo courtesy of Tichy’s campaign)

Tichy also credited support from other LGBTQ elected officials, including state Del. Kris Fair (D-Frederick County), who chairs Maryland’s LGBTQ+ Caucus, and Montgomery County Councilmember Evan Glass. She said Fair was among the first elected officials to publicly endorse her campaign.

She also praised the volunteers who helped propel her through the primary election, from canvassing neighborhoods to enduring rainy weather on Election Day.

“When I think of how they stood out […] in the rain on election day with raincoats and umbrellas pouring down, holding walk cards that were like just folding over. They were so wet and damp. That’s the type of dedication that we had,” Tichy said.

Outside of politics, Tichy has built a career breaking barriers in the skilled trades. She became Maryland’s first female licensed Master Electrician and now teaches electrical trade courses, helping students prepare for careers in the field.

She said many of her students come from underserved communities and that helping them find stable careers has reinforced her commitment to workforce development.

A lot of her policies focus on workforce development and encouraging more women to join career trades. 

Her experiences in the electrical trade also shaped many of her policy priorities. Tichy said she has advocated for better workplace conditions, including properly fitting equipment for women and paid time off for workers who were often reluctant to take leave.

Working in a male-dominated profession, she said, was not always easy.

“I remember how many times I wanted to say, ‘I’m going to give up. I’m not going to do this. It’s too hard,’ and I always thought — I’m a mom. I have, you know, four boys now, but they needed me, and I was all they had, right?” Tichy said.

Looking ahead to November, Tichy said she hopes to continue the success of her campaign thus far and to keep reaching out to her community for support.

“Our diversity is our greatest strength, and by working together, there is no challenge we cannot overcome,” she said in a statement after winning the Democratic primary.

Other LGBTQ candidates also advanced to the general election, which can be found here.

Continue Reading

Popular