Recent Decisions- PRIMARY & SECONDARY EDUCATION

Journal of Law and Education, January 2009 | Go to article overview

Recent Decisions- PRIMARY & SECONDARY EDUCATION


Employment and Dismissal - Teachers

Teacher appealed denial of worker 's compensation claim for general anxiety disorder (GAD) against board of education. Teacher who suffered from GAD filed a claim alleging that her disorder was caused by her occupation. Held: For the board of education. Commission properly determined that teacher's disorder was not an occupational disease because the teacher failed to prove, as required by law, that her occupation either significantly contributed to or increased her risk of GAD. Hassell v. Onslow Co. Bd. of Educ, 661 S.E.2d 709 (N.C. 2008).

Teacher sued school board for defamation. Teacher received letter that recommended the teacher not be sent back to the school. Held: For the school board. Letter did not meet all the elements required to prove defamation because nothing in the letter would harm the esteem the teacher's colleagues held for him. Tatum v. Orleans Parish Sch. Bd., 982 So. 2d 923 (La. App. 4 Cir. 2008).

Teacher contested termination for misconduct by department of education. Teacher was investigated and found to have engaged in sexual harassment and insubordination. An arbitration hearing resulted in an order for teacher's termination and he appealed. Held: For the department of education. The penalty of dismissal was an appropriate response to the teacher's misconduct. Lackow v. Dept. of Educ. of City of N.Y., 859 N.Y.S.2d 52 (N. Y. App. Div. 1 Dept. 2008).

Teacher sued principal, district, and superintendent for racial discrimination under the Civil Rights Act. African- American teacher alleged that principal discriminated against him on the basis of race when principal reprimanded him, put him on a growth plan, and treated him more harshly than other non-African-American teachers. Held: For the principal, district, and superintendent. Teacher did not prove that the actions taken against him were the result of racial discrimination instead of legitimate reasons. Thus, the claim failed. Anderson v. Clovis Mun. Sch., 265 Fed. Appx. 699 (10th Cir. 2008).

Teacher sued school district for age discrimination and violation of her right of free speech and free association. Sixty-year old teacher applied for several teaching positions over a period of years and was not interviewed for any of them. Held: For the district. Teacher did not prove hiring decisions were motivated by age discrimination, speech, or her relationship with her husband, who was a former teacher in the district. Wingate v. Gage Co. Sch. Dist., 528 F.3d 1074 (8th Cir. 2008).

Teacher sued school for improper suspension. Newly transferred teacher yelled at students, was hostile towards co-workers, and left students unattended in the classroom. As a result, teacher was suspended pending the results of a psychiatric evaluation. Held: For the school. School had a sufficient basis for suspending teacher. Thus, teacher's suspension did not violate any laws. Earley v. Marion, 540 F. Supp. 2d 680 (WD. Va. 2008).

Teacher brought suit against school for religious discrimination under the Civil Rights Act. Teacher complained about behavior, which she felt was inconsistent with Christianity, that occurred at school event. School failed to rehire teacher following her complaints about the event Held: For the school in part and for the teacher in part. School was not liable for failing to accommodate the teacher's beliefs because the school did not have proper notice; however, she might have a retaliation claim. Wilkerson v. New Media Tech. Charter Sch., 522 F3d 315 (3d Cir. 2008).

Teacher challenged a termination contending gender discrimination. Teacher had an affair with a coworker. Subsequently, teacher was convicted of driving under the influence and driving with an open container. School cited these reasons as the basis for her termination. Held: For the school. Because she was not able to show a discriminatory reason for her dismissal, the teacher's claim that she was treated differently because of her sex was defeated. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Recent Decisions- PRIMARY & SECONDARY EDUCATION
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.