TCO E and H. A private high school hires a
new Superintendent, George Forester. The school is owned by a local Lutheran
Church and is run by a board of directors chosen by church members. Supt.
Forester shows up for his first day of work, and sends a memo via intercompany
mail to all teachers:
There is a new Sheriff in town – and it is
me. As your new leader, I am implementing a dress code that includes no slacks
or shorts for women and no earrings for male teachers. Men shall all be clean
shaven. Violators will be docked one week’s pay; 2nd offenses will result in a
one week suspension without pay and 3rd offenses, dismissal. All teachers will
address me as “Pastor Forester” or “Amen, Pastor Forester.” Teachers who fail
to abide by these dictates will be docked two points on their annual
evaluations. Amen, Pastor Forester.”That day, one teacher, Anna Seenandfeld had
a birthday party at the school, having just turned 40. Her frown at the party
showed everyone she was not happy about her party. Pastor Forestor had bought
black balloons for her and joked with the other teachers about the “over
the hill” teacher. The next day, Pastor Forester goes into the teacher’s
lounge and calls all non-tenured teachers into his office. He tells them that
he has assigned himself to be their mentoring teacher and that effectively
immediately they will be evaluated weekly. One teacher, Anna Seenandfelt,
begins to cry. Another teacher, Andy DuFrane, rolls his eyes and says,
“God! These menopausal women should not be allowed around our students.”
Pastor Forester goes to Anna and hugs her, offering her a tissue. He pats her
gently on the behind and whispers, “Act your age, please.” When she
pulls forcefully away from him, Pastor Forester assigns her to work Saturday
detention for the next three weeks to “toughen her up.
A pregnant P.E. teacher, Lisa Ready, is
reassigned by Pastor Forester to a math position (even though she has only
three credits in math) because Pastor Forester says this position is “less
strenuous for a pregnant lady.”
On the third week of detention duty, a
student stabs Anna, wounding her severely. Although she survives and recovers,
she loses one kidney as a result of the injury. The school doesn’t offer health
insurance, and Anna incurs over $55,000 for her hospital bills; the student
(and his family) is insolvent.
One month later, a parent complains about his
student being unable to succeed in his math course due to the teacher’s
(Lisa’s) incompetence, Pastor Forester fires Lisa Ready for her inability to
perform her job. Pastor Forester tells Lisa in front of her class of students,
and then walks her out of the building; 2 hours later, Lisa goes into premature
labor and delivers her first son, who has severe health issues as a result of
being premature. The baby’s doctor states the cause of early labor as being
from “intense duress and undue stress.” Lisa’s husband’s health insurance
covers all of the costs of the birth and the baby’s care.
Pastor Forester is really not a pastor. His
real name is Jerry Birches, a parolee with convictions for child molestation.
His parole agreement prohibits him being closer than 1,000 feet to any school.
In order to cut costs, the school had stopped doing background checks on new
employees, and this slipped through the cracks. This comes to the attention of
the school board, and the president of the board of directors immediately fires
Pastor “Jerry Birches” Forester and notifies his parole officer of the
violations. Pastor Forester claims the board knew about his background because
one member of the board (his aunt Theresa) knew the truth.
”Write a brief memo as to whether Pastor
Forester committed illegal or discriminatory practices in his brief tenure
described in this situation. Then, analyze the potential liability of the