Mais v. Albemarle Cnty. Sch. Bd.

657 F.Supp.3d 813

Emily MAIS, Plaintiff, v. ALBEMARLE COUNTY SCHOOL BOARD, Defendant.

Case No. 3:22-cv-51

United States District Court, W.D. Virginia, Charlottesville Division

Signed February 21, 2023

Christopher Paul Schandevel, Alliance Defending Freedom, Lansdowne, VA, Hailey Vrdolyak, Pro Hac Vice, Alliance Defending Freedom, Washington, DC, Henry Frampton, Katherine Leone Anderson, Alliance Defending Freedom, Scottsdale, AZ, David A. Cortman, Alliance Defending Freedom, Lawrenceville, GA, for Plaintiff.

Blaire Hawkins O'Brien, David Patrick Corrigan, Jeremy D. Capps, Melissa Yvonne York, Harman, Claytor, Corrigan & Wellman, P.C., Richmond, VA, for Defendant.

MEMORANDUM OPINION

NORMAN K. MOON, SENIOR UNITED STATES DISTRICT JUDGE

Plaintiff Emily Mais has brought federal and state law claims against her former employer, Defendant Albemarle County School Board. She claims the School Board created a racial hostile work environment that resulted in her constructive discharge. She also alleges that her free speech rights were violated and that the School Board retaliated against her for complaining about the School Board's anti-racist policy and its alleged racial discrimination toward her. The School Board moves to dismiss Plaintiff's claims. For the following reasons, the Court will grant the School Board's motion, in part, and dismiss all of Plaintiff's claims except her claims under Title VII of the Civil Rights Act of 1964.

Background

The following alleged facts are assumed true for purposes of resolving this motion. See King v. Rubenstein, 825 F.3d 206, 212 (4th Cir. 2016) (reiterating the appropriate standard of review).

Emily Mais worked as an assistant principal at Agnor-Hurt Elementary School from October 2018 to September 2021. Dkt. 1-5 ¶¶ 1, 14. Agnor-Hurt Elementary School is part of Albemarle County Public Schools. Id. ¶ 1. The School Board of Albemarle County is a political subdivision of the Commonwealth of Virginia and derives its authority from the Commonwealth. Id. ¶¶ 17-18. It employs all administrators and teachers that work in Albemarle County Public Schools. Id. ¶ 19.

On February 28, 2019, the School Board adopted an anti-racism policy with the goal of eliminating all forms of racism in Albemarle County Public Schools. Id. ¶¶ 50-51. In November 2020, Mais attended the School Board's mandatory online orientation presentation introducing the policy. Id. ¶ 58. During the orientation, the School Board presented various definitions of "racism" and "anti-racism." Id. ¶ 59. Dr. Bernard Hairston, the School Board's Assistant Superintendent, stated in the video orientation that "staff needed to think about whether they were on the 'antiracism school bus, or if you need help finding your seat and keeping your seat, or if it's time for you to just get off the bus.' " Id. ¶ 64 (quoting Ex. 4).

As part of its anti-racism policy, the School Board required the Agnor-Hurt Elementary School staff to complete a teacher training series based on Glenn Singleton's Courageous Conversations About Race. Id. ¶¶ 66, 68. After the training began, some Agnor-Hurt staff members complained to Mais "about the racially hostile environment created by the training and the training materials and the hurtful and pejorative comments made by other staff members, which demonized them for being white." Id. ¶ 87. Mais expressed these concerns to Ashby Kindler, the leader of the training, but she did not alter the training's structure or content. Id. ¶¶ 93-94.

At a School Board meeting on May 27, 2021, several Albemarle County parents raised concerns about the School Board's anti-racism policy, including the Courageous Conversations About Race training. Id. ¶ 96. On May 28, 2021, Hairston, the Assistant Superintendent in charge of the anti-racism policy, addressed these concerns at an administrative meeting that Mais attended. Id. ¶ 101. He stated that "his ancestors were slaves owned by a wealthy Virginia family" and that "he received the parents' comments as if they were slave owners who had raped his mother and sister, beaten him, and were now telling him not to talk about it." Id. ¶¶ 102-03. He also stated that implementing the School Board's anti-racism policy, including the Courageous Conversations About Race training, was non-negotiable. Id. ¶ 106. Superintendent Matthew Haas and other School Board senior leaders supported his statements. Id. ¶ 107.

During the final Courageous Conversations About Race training session on June 11, 2021, Mais proposed a way to analyze data regarding racial disparities in School Board staff and "inadvertently used the word 'colored' instead" of people of color. Id. ¶ 111-13. Mais immediately "apologized for her slip of the tongue." Id. ¶ 114. Sheila Avery, a teacher's aide, ignored her apology and verbally attacked Mais in front of all attendees and accused her "of speaking like old racists who told people of color to go to the back of the bus." Id. ¶ 115.

Following the training session, Emily Holmstrom, the school's guidance counselor, emailed Mais, asking if she would like to "unpack" what she said during the session. Id. ¶ 117. The School Board's equity specialist also reached out to discuss the matter with Mais. Id. ¶ 120. During her conversation with the equity specialist, Mais shared her concerns about Avery's mistreatment toward her and other staff members during the training sessions and the implementation of the anti-racism training. Id. ¶¶ 121-24. The School Board ignored her complaints. Id. ¶ 125. After the School Board received a complaint about Mais's use of the term "colored," Hairston contacted Mais and Avery and requested that they meet with him. Id. ¶¶ 126-27.

Before the meeting with Hairston, several employees told Mais that "Avery and her friends were openly slandering [ ] Mais at work, openly cursing about her and calling her vulgar names at work, telling other employees she was a racist and that she intentionally demeaned black people, and trying to turn other employees against her." Id. ¶ 146. Some of the comments included calling Mais a "white racist bitch" and a "two-faced racist bitch." Id. ¶ 148. Mais complained to her principal, Dr. Mike Irani, about this behavior and the Courageous Conversations About Race training. Id. ¶ 149. She told him that this was causing "her substantial emotional distress, preventing her from focusing on her job, and making it impossible for her to effectively manage the employees involved in the harassment." Id. ¶ 151. Irani took no action to address her concerns. Id. ¶¶ 150, 153.

On August 6, 2021, Mais met with Hairston, Avery, Kindler, and Holmstrom. Id. ¶ 154. Mais continuously apologized throughout the meeting. Id. ¶¶ 159. Avery did not accept Mais's apology for using the term "colored" and chastised her. Id. ¶¶ 156-57. Mais explained her concerns about "the detrimental effects of the training sessions on staff morale" and "the racial divisions the training was causing within the school," but the meeting participants dismissed her concerns. Id. ¶ 162. Toward the end of the meeting, Hairston stated that "the next logical step in the matter" was for Mais to apologize to the Agnor-Hurt staff and noted that the staff would likely need to repeat the Courageous Conversations About Race training. Id. ¶¶ 164-65, 168. Mais was uncomfortable addressing the staff because she had already apologized during the training session and made attempts to explain her actions. Id. ¶ 166. She also expressed concerns about the staff repeating the training, but her concerns were dismissed. Id. ¶¶ 169-70.

On the Monday after the meeting, Mais spoke to her principal, Irani, and told him that she was uncomfortable with how she was treated during the meeting and the racial hostility she had experienced. Id. ¶¶ 180-81. She told him that she would need to seek medical treatment because she was experiencing emotional distress, which had produced numerous physical symptoms. Id. ¶ 182. Irani encouraged her to seek such treatment. Id. ¶ 183.

Mais also spoke to two human resources employees and Assistant Superintendent Dr. Clare Keiser about how she was mistreated during the August 6th meeting and in the workplace as well as her concerns about the Courageous Conversations About Race training. Id. ¶¶ 187-201. No action was taken to address her concerns. Id.

Mais resigned on August 29, 2021, effective on September 10, 2021, on account of her physical and mental health and because she felt her working conditions would not improve. Id. ¶ 205. The School Board asked her to write a letter about her departure to Agnor-Hurt families and requested that she state in the letter that she was leaving for another career opportunity. Id. ¶¶ 206-07. Mais "reluctantly agreed" to send a letter stating that she was leaving to be available for her own family. Id. ¶ 208.

Mais was asked to offer a public apology at a staff meeting on September 9, 2021. Id. ¶ 210. She reluctantly agreed to apologize in order "to remain on good terms" with the School Board and "to enable her to secure a job elsewhere." Id. ¶¶ 211-12. On September 8, 2021, Mais met with Irani, Avery, and Holmstrom to discuss what she would say in the public apology. Id. ¶ 213. At the meeting, Mais presented her draft apology, which included discussing how difficult the situation had been for her. Id. ¶¶ 214-17. Avery told Mais that she should not discuss her feelings in the apology, and Holmstrom added that Mais "was inappropriately acting in a racist fashion like a typical defensive white person" by discussing her feelings. Id. ¶¶ 218-19.

At a special meeting on September 9, 2021, Mais gave her apology in front of all the 2021-2022 Agnor-Hurt teachers. Id. ¶¶ 223-26. At the meeting, Avery did not accept Mais's apology and instead told staff "that they could either be on her side or Mais's side and that there was no in-between." Id. ¶ 239.

On November 17, 2021, Mais filed a Charge of Discrimination with the Virginia Attorney...