PHILADELPHIA – The School District of Philadelphia has motioned for summary judgment in a lawsuit brought by a former teacher and member of the LGBTQ community who claimed she faced discrimination and retaliation by the District before being fired.
Ciana Evans of Philadelphia first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on April 11 versus the School District of Philadelphia.
According to her complaint, Evans, an African-American female and member of the LGBTQ community, was appointed as a teacher on July 4, 2020, and served at Delaplaine McDaniel School. She claimed that in June of 2021, the principal, Betsaida Ortiz, notified her that she was suspended without pay for “unsatisfactory performance/ineffective teaching.”
Evans alleged she was suspended due to her race, sex and disabilities, which include diabetes and anxiety, in retaliation for her complaints regarding discrimination. Evans further alleged that Ortiz continually harassed and discriminated against women of color and women in the LGBTQ community.
She further alleged Ortiz spoke to her in a hostile manner, failed to provide her with the curriculum and materials for her class, and called her “stupid” and a “smart-a–.”
Evans also claimed Ortiz came into her class and was rude, disruptive and interrogated her in front of her students – and that Ortiz terminated her in May of 2021, in retaliation for requesting reasonable accommodations for her disability.
In a June 21 answer to the complaint, the District countered the allegations failed to state claims upon which relief could be granted and that it provided “a legitimate, non-retaliatory reason for their alleged employment decisions”, among other defenses.
The District’s proffered reasons for termination Evans was “unsatisfactory teaching performance and failure to meet standards.”
UPDATE
On Nov. 14, the District filed a motion for summary judgment in the case.
“Summary judgment is warranted on all of Evans’ claims because the record does not contain sufficient evidence to support her charges of intentional race, gender or disability discrimination – or retaliation. Notably, Evans did not serve any discovery on the School District. The record contains no legally significant comparator evidence. Instead, Evans relies primarily on her own unsupported beliefs and conclusory statements to support her claims of discrimination and retaliation,” the motion stated.
“The School District’s legitimate, non-discriminatory reasons for recommending her for termination, on the other hand, are well-documented in the record. Each of Evans’ claims fail for the same basic reason: the decision to recommend her for termination was not motivated by her race, gender or alleged disability status. Because no reasonable jury could find for Evans on the established record, the School District respectfully moves the Court for summary judgment on all counts of the complaint.”
For counts of violating the Civil Rights Acts of 1866 and 1964 and the Americans with Disabilities Act of 1990, the plaintiff is seeking monetary relief, all other just relief and a trial by jury.
The plaintiff is represented by Robert T. Vance Jr. of the Law Offices of Robert T. Vance Jr., in Philadelphia.
The defendant is represented by Kristen Diane Junod of the School District of Philadelphia’s Office of General Counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:22-cv-01410
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com