on lawsuit

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Home : 2002 : July : 28

on lawsuit
By Suzanne

On what grounds would you base your lawsuit? I know it's frustrating, but do you think you have a good basis for a lawsuit?

I began working as a sub as soon as a graduated from college in New Jersey at age 35. (I had
a degree in another field, but that's another story.) I was told that this was the route to a permanent position. I worked my heart out. I made it clear that I was willing to try anything that was suggested to me to make myself a great teacher. I tirelessly contributed my time and effort in doing volunteer work in the school. However, I found myself being passed by continually by

those who were just graduating from college who had "connections." As my time as a sub continued, I began to consider that I would probably never get a job, because the districts wanted "fresh," and I was probably "stale," although I was working as hard as ever. I even went back to school, at my expense, and earned a reading specialist degree to enhance my chances of getting a position. I also did it to refresh myself and appear fresh. I was ALMOST hired as a reading specialist during the summer after I completed my specialist degree. I was turned down, much to my disappointment, then more disappointment followed. I wasn't getting any younger--by this time I was 45 years old and thinking that it was time to throw in the hat and try something else. I also considered suing on the basis of age discrimination.

I hated to think that all of that time and money that I had invested was wasted. I also didn't want a nasty public display of my lack of getting a job. I did the only thing I could do, and with my husband's willingness, I interviewed in Virginia where I was hired for a 6th grade position.

I am not sure how successful you will be suing a school district. They are the "big guys," and you are a single individual. You might succeed if you can prove some sort of discrimination--racial or age. My mother was working at a state college and was passed over continually for a promotion. She sued the state on several
grounds--age and sexual discrimination and harassment (not sexual). Her lawyer felt that she would have a better chance of winning the case if she went on several grounds. My mom had a PhD and years of experience at this school, but she was not promoted to professor because she was not a woman (she was the only woman in her department among a club of "good ole boys" who didn't want her to be at their level). She went through a lot of heartache and many years to prove that she had been treated unfairly. If you want to sue, be prepared to pay a lot of money and suffer. Her health suffered--both mental and physical--from the lawsuit.

The good news is that after years of legal battling, my mother won against the state and university where she was teaching. She won on the basis of harassment, since her lawyer was able to prove that she was mistreated on the job. She basically got back her money. No, she didn't make a bundle out of the lawsuit, but she was treated more respectfully after the lawsuit.

Before you consider a lawsuit, consider the time involved in such an action and some possible ramifications of it. If it becomes public knowledge through news and newspapers that you sued a district, other districts may not want to touch you.

The only advice I can give you is to try to look into another district. Move, if possible. Your district is using you because you are a good sub and have been there "forever."