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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 118649
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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A Caucasian high school teacher brings a group of children

Customer Question

A Caucasian high school teacher brings a group of children under 18 to see an R rated movie, filled with graphic homophobic comments, heavily filled with inappropriate language as he was their chaparon for this event in San Diego. Caucasian female shows
a movie in her class that contains material of a sexual nature that draws a complaint from a student. While the case is investigated, she remains in her class. I was accused of stating the word "ho" in my class. I was immediately placed on administrative leave,
a long term sub was hired to complete my class for the rest of the year. I have in possession his lessons for the rest of the year. A counselor tells my students I will not be back for the rest of the year and that "change is good." I was removed as teacher
of record. After pushing for a meeting, it was discovered that I did not make this statement, a student made the comment as a joke. I am a Hispanic male, 50 years old. Nothing was done in my class for three weeks. The potential for students not being kept
on course (I was directed during my leave to not talk to anyone at my public school) there is a possiblity of them not passing the course. I have another discplinary hearing now for making that statement. I received a disturbing/harassing text message on my
personal phone from who I believe is an administrator at my school. The message was sent during the work day. I was able to track the IP address and have a picture of who I believe is a school administrator in the Apple store at the time the text messagae
was sent to my personal phone. Our only African female administrator was cut from her position while administrators with less seniority were not effected. I am not sure if it is my race, gender, age, or a combination of the above.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Are you a union member? Have you filed a grievance through the union yet?
Customer: replied 2 years ago.
CTA yes.
Union is weak. Executive board of union is on side of management. Executive team believes "we should be luck to have jobs."
Working with Burlingame CTA headquarters.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
If you have circumstantial evidence that you are being treated differently for your alleged violation than other members of a non-protected class (since you are in a protected class based on national origin) you can, in addition to your union grievance, file a complaint with the EEOC for discrimination and disparate treatment based on your age/race/sex/disability/national origin and have them open an investigation. Pursuant to the US Supreme Court case of McDonnell Douglas v. Green, the employer then has to present an alleged legitimate business reason for such a harsh action compared to what was done to others not in your protected class, and if they cannot do so or if you show that this alleged reason (based on severity of your conduct compared to the severity of the conduct of the other non-protected class members) is just an excuse for discriminating against you then the EEOC will try to mediate a settlement or will grant you a right to sue letter for discrimination.
So, in addition to forcing your union to properly pursue this through a grievance, which you must do and if they refuse you can file an unfair labor practice claim against them with the Labor Board, the complaint to the EEOC is your other recourse.
Customer: replied 2 years ago.
Thank you! I have two EEOC filings, one for the gender discrimintaion the other for retaliation.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
So now you have to sit back and let the EEOC investigate and you also need to push your union for following through on your grievance pursuant to your contractual rights.
Customer: replied 2 years ago.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
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