Let’s play the “law school hypothetical” game for a minute. (I know, not as exciting as a cat being chosen in Monopoly, but bear with me.)
- An gay, male employee starts works as a teacher in an “New Beginnings Alternative” program at a public school.
- During his employment, he is subject to derogatory statements by a fellow teacher, a school police officer and a supervisor.
- Allegedly a supervisor tells a social worker that the employee is “too flaming” or “too flamboyant”. Also, a fellow teacher is alleged to have said to the employee at a department meeting that “You are so overdramatic, you are being a bitch just like a woman.”
- The employee is criticized for not being a “team player” and that his “apparent proneness towards using sarcasm and humor (that is often not understood by others) must change.”
- The employee believes that the supervisor’s comments regarding how he and others cannot understand the employee’s sense of humor “stems from their divergent social views and pervasive stereotypes on gender and sexuality.”
- Ultimately, the employee is informed that his contract may not be renewed which does, in fact, lead to a non-renewal of the contract.
Assuming, as you must for the moment, that the allegations are all true, does the employee have any claims? If so, what are they?