The Erie Rise Leadership Academy Charter School, which closed in June 2023, settled an employment discrimination lawsuit as it winds down its financial affairs.
The lawsuit was filed by a former female security guard who alleged she was subjected to "unwanted advances" and a "hostile work environment" while working at the school. She claimed that after she complained about the behavior in October 2022, she was unfairly suspended for three days without pay.
The lawsuit, which was initially filed in Erie County Common Pleas Court and later transferred to U.S. District Court, was settled in mediation on October 23, 2024. The terms of the settlement were not disclosed.
The plaintiff's claims included "unwanted advances" and "unwelcome flirtatious comments" from the school's principal, David Krakoff, who served as principal from January 2022 to February 2023. The lawsuit alleged that the school violated the plaintiff's civil rights by allowing a hostile work environment and retaliating against her. The school denied the claims, and the case was closed by U.S. District Judge Susan Paradise Baxter because of the settlement.
https://www.goerie.com/story/news/local/2024/11/22/shuttered-erie-rise-charter-school-settles-discrimination-lawsuit-harassment/76473604007/
Commentary
The success of the above matter would have depended primarily on timing. Timing plays a crucial role in claims of wrongful discipline and termination, especially when an employee reports wrongdoing.
When an employee engages in a protected activity, such as reporting discrimination, harassment, or other illegal activities, and is subsequently disciplined or terminated, the proximity in time between the two events can be used as evidence to support a claim of retaliation. This is because the temporal proximity can indicate that the retaliation was not coincidental but was rather a direct response to the employee's protected activity.
To prove retaliation, an employee must demonstrate four key elements:
- The employee engaged in a protected activity (e.g., reporting wrongdoing).
- The employer knew about the protected activity.
- The employer took an adverse action against the employee (e.g., suspension or termination).
- There is a causal connection between the protected activity and the adverse action.
In the above matter, the elapsed time between report made and suspension was three days - creating a strong casual connection.
The final takeaway is that the timing of a termination is always a significant factor in wrongful termination claims.
