Boyertown Area School District Collective Bargaining Agreement


Ms. Fortes states that she was exposed to several adverse acts because of racial discrimination: 1) she was not allowed to communicate with the parents of her students; 2) she was offered a “transition, separation and release agreement,” although she told the accused that she wanted to work for a few more years before retiring; And 3) she was placed as the library coordinator after refusing to sign the agreement. The “unfavourable employment measure” under Title VII is an action taken by an employer “serious and tangible enough to alter a worker`s pay, conditions, conditions or employment privileges.” Storey v. Burns Intern. Sec. Servs., 390 F.3d 760, 764 (3d Cir. 2004) (citation cardenas v. Massey, 269 F.3d 251, 263 (3d Cir. 2001) (quote omitted). Examples of unfavourable employment measures are “a termination of the employment relationship, a deterioration that is demonstrated by a decline in wages, a less excellent title, a material loss of benefits, considerably reduced material responsibilities or other indices… unique for a particular situation.¬†Galabya v. N.Y. City Bd.

of Educ., 202 F.3d 636, 640 (2d Cir. 2000) (quotes and quotation marks omitted). Fortes also says she is “subject to repeated criticism” and that calls for school safety have gone unanswered for aggressive students. While they may be considered harmful to employment, they do not show that other white teachers were not subject to the same conditions. See PHRA Compl, doc. Three to 3-4. She also points out that she was constantly harassed and racially insulted by her students. However, it refers to only three incidents, two of which are not related to their race or to racist defamation.

The students with racist slurs were disciplined by the defendant, but the complainant states that the students were not disciplined enough. This information alone does not lead to the conclusion of discrimination against the respondent school district in promoting a hostile work environment. See Sarullo, 352 F.3d with 798 (“The centre of the prima facie case” is always whether the employer “treats some people less favourably than others because of their race, skin colour, religion, gender or national origin”). (Quotes and quotation marks omitted)).

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