The Gazette: Jury awards $350,000 in compensatory damages

Teacher fired in Prince George’s school system wins lawsuit alleging retaliation

Jury awards $350,000 in compensatory damages

A former Largo High School English teacher was awarded $350,000 compensatory damages by U.S. District Court in a lawsuit against the Prince George’s County school system for retaliation.

According to court documents, Jon Everhart, who is white, attempted to file a race discrimination grievance with the county teacher’s union after the principal, who is black, allegedly used several racial epithets against Everhart in the presence of students, teachers, staff and parents.

The principal did not return multiple phone or email messages to request comment for this story.

Everhart’s suit alleges the principal promised to fire him in “payback” for black teachers fired by white principals.

PGCPS spokesman Max Pugh said neither the school system nor its attorney could comment on the case, due to further litigation pending in district court.

Everhart filed multiple complaints, but the school system did not respond to his accusations, said Bryan Chapman, Everhart’s attorney.

Following the complaints by Everhart and others in 2008, Everhart began receiving unsatisfactory performance reviews, according to Chapman, who said that Everhart had previously been named Largo’s 2005-2006 Teacher of the Year.

After two years of unsatisfactory performance reviews, his employment was terminated August 2010 and his teaching credentials revoked, according to documents filed with the court on behalf of Everhart.

In addition to the $350,000 in damages, Everhart, 65, will also be awarded back pay and retirement benefits, the exact amounts of which have yet to be determined, Chapman said

“This has been a huge relief for Mr. Everhart, because now he can get back to having a normal life,” Chapman said, adding that his client, who now lives in Westerville, Ohio, has been unemployed and has suffered health problems, such as high blood pressure, because of the alleged retaliation.

“Any human being harassed like that is going to get ill,” Chapman said.

The jury found in favor of the school system in Everhart’s claim of hostile work environment, but Chapman said he has filed for a retrial on that charge, adding that the judge did not give the jury mixed motive instructions, which would apply in cases of alleged racial harassment.

Washington Post: White teacher wins $350,000 in Prince George’s schools bia lawsuit.

August 8 at 4:33 PM 

A former Prince George’s County teacher won a $350,000 jury award after accusing the school system of discriminating against him because he is white.

Jon Everhart alleged in his lawsuit against the Prince George’s County school board that a black principal forced him out of his job because of his race.

“Justice was served,” Everhart said. “I do feel as though I have been vindicated.”

Everhart, 65, speaking by phone from Ohio after the verdict in the U.S. District Court for the District of Maryland, said he faced years of racial harassment from the Largo High School principal, who he said repeatedly told staffers and students that she planned to fire him.

“She called me ‘poor white trash’ and ‘white b—-,’ ” Everhart said of the principal, Angelique Simpson-Marcus, who leads the 1,100-student school in Upper Marlboro. “Her behavior was so outlandish.”

Simpson-Marcus said in an interview that the allegations are baseless. She declined to comment on the reason for Everhart’s termination, but she said the complaints of ill treatment and retaliation were “unfounded.”

“I never said any of those things,” she said. “I don’t use that kind of language.”

Max Pugh, a spokesman for the Prince George’s County school system, said he could not comment on the case because the litigation is ongoing; the school system has 30 days to respond to the judge’s order and could file an appeal.

Everhart sued in 2010 after he was fired, and he was one of several Largo High School employees who made allegations of harassment. Some who filed lawsuits said they were mistreated for vocally supporting Everhart.

Bryan Chapman, Everhart’s attorney, argued that the Board of Education violated the Civil Rights Act, which says organizations receiving federal funding cannot discriminate on the basis of race, color or national origin. There is no cap in potential damages in such cases; Everhart originally sought $5 million.

The jury sided with Everhart on the discrimination claim, but it found in favor of the county school board on Everhart’s claim of a hostile work environment.

Everhart’s award is for compensatory damages. He said he has suffered from high blood pressure and heart problems as a result of his treatment at Largo.

U.S. District Judge Peter J. Messitte will later decide how much Everhart should receive in back pay and benefits. The school system has 30 days to show why Everhart should not receive retirement and health benefits and why his teaching certificate, which was revoked when he was fired, should not be restored.

Everhart, a former Baltimore city teacher, was hired by Prince George’s in 2003 and was assigned to teach English at Largo. At that time, Simpson-Marcus was a physical education teacher.

Everhart said Simpson-Marcus told students that the “only reason a white teacher teaches in P. G. County is that they can’t get a job elsewhere.” He filed a union grievance against her and said she told him that if she ever became principal, he would be the first person she would fire.

Chapman said that when Simpson-Marcus returned to Largo as its principal, Everhart, who was once named the school’s Teacher of the Year and who received stellar evaluations, started to receive unsatisfactory performance evaluations.

Everhart said he was removed from teaching honors English to juniors and seniors — classes in which he was popular — and was placed in a freshman class, where Simpson-Marcus allegedly told students that Everhart was going to lose his job.

Chapman said that Everhart filed complaints but that they were often ignored. He tried to get transferred to another high school, but the effort was blocked, Chapman said. There was never a school system investigation of the matter, Chapman and Everhart said.

“I just think it was a disgrace, and I think that’s what the jury saw, too,” Chapman said.

 

 

 

The Sentinel: Board of Education loses

Board of Education loses

  • 30 Jul 2014
  • Written by  Kelsey Sutton

 

GREENBELT — A federal court ordered the Prince George’s County Board of Education to pay a former Largo High School teacher $350,000 in damages for firing the teacher as retaliation for a discrimination complaint, but the teacher’s attorney said the case may not be over yet.

“I am delighted,” said Bryan Chapman, attorney for plaintiff Jon Everhart, a former Largo High School literature teacher. “[The decision] gave Jon Everhart some relief after four years.”

Everhart, a former teacher of the year, filed a lawsuit after the school system fired him in Aug. 2010.

Everhart claims Largo High School Principal Angelique Simpson-Marcus made racially-fueled discriminatory remarks toward him, and when he filed complaints with the Prince George’s County Educators’ Association and the Board of Education, the school system fired him in retaliation.

Everhart claims he first became aware of discriminatory remarks from Simpson-Marcus in 2003, when a student notified him. The student told Everhart that Simpson-Marcus, a gym teacher at the time, told her class, “The only reason a white man teaches in P.G. County is that they can’t get a job elsewhere.”

After he filed his grievance, Everhart claims Simpson-Marcus told him if she became principal he would be the first person she would fire. After Simpson-Marcus became principal in 2007, Everhart claims she called him “poor white trash” and other derogatory terms in front of students, parents, teachers and staff. Everhart also claims he received negative evaluations after Simpson-Marcus became principal.

The federal jury found Everhart’s firing was illegal under Title VI of the Civil Rights Act of 1964, which protects employees from being fired from federally funded schools as retaliation for issuing complaints of racial discrimination.

The jury also ruled the Board of Education needs to pay for health and retirement benefits, as well as lost pay, which Chapman claims is in excess of $200,000, putting his total reward at more than $500,000.

The jury, however, contrary to Everhart’s claims, found he did not experience a hostile work environment during his time at Largo High School.

Chapman said he and Everhart may seek to further pursue the hostile work environment charge.

“It’s not over,” Chapman said. “There are going to be more fireworks.”

Max Pugh, a spokesman for Prince George’s County Public Schools , said he could not comment on ongoing legal matters.

Everhart said when he brought the issue of his alleged harassment to the attention of the school board they did nothing to address his complaints. Everhart then contended he was further harassed, mistreated and ultimately fired because of the complaints he filed.

But the Board’s attorney argued there was no harassment, just a disgruntled former teacher trying to make excuses for his poor classroom performance.  “This case is about an under-performing teacher who refused to take responsibility for his failures,” defense attorney Robert Baror said in closing arguments.  Baror defended Simpson-Marcus, saying she was simply doing her job and holding Everhart accountable for failing to maintain adequate student performance in his classroom.

Chapman contended low teacher evaluations were a direct result of the harassment Everhart faced and the complaints he began filing.

Everhart took the stand himself, with hundreds of documented letters he sent to his union representative regarding the harassment.  “The Board of Education ignored the harassment and the complaints in the personnel file increased,” Chapman said during closing arguments. “They’re blaming the victim.”

Throughout the trial, the case also relied on testimony from one of Everhart’s former students, former assistant principals and other school employees.

The Board of Education has 30 days to respond to the jury’s decision.