Here's a piece I wrote for the Connecticut Law Tribune regarding a gay schoolteacher's discrimination lawsuit:
A former Hartford elementary school teacher alleges she was forced to quit her job after school administrators mistreated her when they found out she was married to a woman. The case could test the scope of protection provided by the federal Civil Rights Act of 1964 in claims of discrimination based on sexual orientation.
Lisa Boutillier, a Colchester resident, alleges that her bosses at the Noah Webster MicroSociety Magnet Elementary School in Hartford violated Connecticut state law barring discrimination based on sexual orientation, medical condition and physical disability. She also alleges the school district violated the Civil Rights Act and the federal American with Disabilities Act.
Boutillier's spouse is unnamed in court papers and also works in the Hartford public school system.
The Hartford Public Schools district argues that the Civil Rights Act does not protect against discrimination based on sexual orientation and only applies to bias based on race, color, religion or national origin. The U.S. Court of Appeals for the Second Circuit "has stated definitively that sexual orientation is not a protected category" under the Civil Rights Act, the school district further argued.
But the plaintiff's counsel, Margaret Doherty of Doherty Law Group in Wethersfield, noted that interpretation of the law is starting to change.
"The Equal Employment and Opportunities Commission has found that claims brought by lesbian, gay and bisexual individuals alleging 'sex stereotyping' state a sex discrimination claim under Title VII" of the Civil Rights Act, Doherty argued in court papers.
Neither Doherty nor the magnet school's counsel, Hartford Assistant Corporation Counsel Melinda Kaufmann, returned calls seeking comment.
A federal judge recently gave the first round of the skirmish to the plaintiff, rejecting a defense motion to dismiss the lawsuit.
"Plaintiff has stated that the discriminatory conduct commenced after certain individuals became aware of her sexual orientation and that she was subjected to sexual stereotyping during her employment on the basis of her sexual orientation," Senior U.S. District Judge Warren Eginton stated. "Construed most broadly, she has set forth a plausible claim she was discriminated against based on her nonconforming gender behavior."
The judge also upheld the Boutillier's state law claim for constructive discharge based on her argument that she had to resign because her treatment by her employer was intolerable.
Contentious Meeting
Boutillier worked for Hartford Public Schools for seven years. When she started at the magnet school in 2006, Delores Cole was the principal.
Boutillier alleges that after Cole learned that Boutillier is gay, Cole began berating her and criticizing her in front of students, parents and other staff members. When Vernice Duke became assistant principal in September 2008, Boutillier alleges Duke also began berating her in front of others.
Boutillier said that in August 2011 she was treated for a pulmonary embolism (a blood clot in the lung) and underwent a hysterectomy. She went on medical leave until January 2012. Upon returning to school, she was reassigned as a floating "workshop/reading" teacher for the first and second grades. She also alleges that the classroom to which she was assigned was not set up for her and her need for assistance in moving heavy items was not accommodated.
In May 2012, Boutillier claims she had a contentious meeting with Duke and Cole during which they denounced her for the disruption caused by her medical absence and for not keeping them informed of when she might return.
Boutillier claims her physicians provided proper notice to school officials. After the meeting, Boutillier claims she became ill and distraught and had to go to the hospital.
"Plaintiff [went] on medical leave from her teaching duties and undergoing medical treatment for physical and mental ailments directly related to plaintiffs' intolerable working conditions," Boutillier's complaint said.
During her second leave of absence, Boutillier states that she was told that her medical insurance would be canceled. She claims there are district policies allowing employees to keep health benefits while on medical leave. The school district, however, disputes there are any such polices.
Boutillier says her work performance was exemplary.
"Throughout her seven years of employment with Hartford Public School District, Ms. Boutillier has performed her job responsibilities in a highly professional, effective and competent manner," the lawsuit said. "At no time during her employment with the defendant was Ms. Boutillier's job performance ever an issue."
Boutillier filed internal complaints against both administrators. School officials, in their court papers, said they found insufficient evidence that Cole or Duke had discriminated or retaliated against Boutillier.
Boutillier planned to return to teach in August 2013, but she says she quit because her new assignment would have brought her under Duke's direct supervision. She then filed complaints with the Connecticut Commission on Human Rights and the federal Equal Employment Opportunity Commission. Both agencies have released jurisdiction over Boutillier's complaints to the federal courts.
Boutillier is seeking reinstatement to her job, damages to compensate for lost wages and benefits, and damages for pain and suffering and emotional distress. She also claims she is entitled to punitive damages.
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