Latest News and Comment from Education

Sunday, March 1, 2015

CPS defends ouster of pregnant teachers as legitimate 'business necessity' - Chicago Tribune

CPS defends ouster of pregnant teachers as legitimate 'business necessity' - Chicago Tribune:

CPS: Dismissal of pregnant teachers was 'consistent with business necessity'



 In its first formal response to a federal discrimination lawsuit, Chicago Public Schoolsdenied the principal of a Northwest Side elementary school targeted pregnant teachers for dismissal and asserted performance ratings and layoff decisions that affected pregnant teachers were "consistent with business necessity."

The district argues federal authorities "cannot establish a pattern or practice of discrimination" because the district's employment decisions were motivated by legitimate and nondiscriminatory reasons.

The lawsuit, filed by the U.S. government in late December, alleged that from 2009 to at least 2012, Scammon Elementary School Principal Mary Weaver took actions to oust eight teachers who became pregnant or returned to work after their pregnancies.

Weaver subjected pregnant teachers "to disparate treatment with regard to performance evaluation ratings" and other matters, and "there existed a regular, purposeful, and less-favorable treatment of teachers because of their sex (pregnancies)," the suit alleged.

CPS, in a response filed in U.S. District Court this week, denied it engaged in a pattern of discrimination and targeted pregnant teachers, while arguing that the affected teachers had neither grounds to sue nor the right to damages.

"Insofar as the performance ratings, renewal decisions, and lay-off decisions made at Jonathan Scammon Elementary School between 2009 and 2012 had a statistically adverse impact on individuals who became pregnant or took a child rearing leave during this time period, such decisions were nevertheless lawful because they were legitimate, job-related and consistent with business necessity," the response states.

The lawsuit also alleges CPS does not address discrimination over pregnancy in either its 2009 or its amended 2012 discrimination and sexual harassment policies. It wants the district ordered to take measures to prevent the kind of prejudicial treatment laid out in the complaint.

Weaver is not named as a defendant in the lawsuit, which also seeks monetary damages for affected teachers in addition to new district policies to prevent discrimination. She has CPS defends ouster of pregnant teachers as legitimate 'business necessity' - Chicago Tribune: