Third Time Isn’t a Charm for Teacher in Race Discrimination Suit

By:  Edmund J. O’Meally, Esquire                                          

For a Howard County teacher alleging race discrimination against her employer, the third time wasn’t a charm.  The teacher had filed three actions agains the Board of Education of Howard County and Howard County’s Superintendent of Schools alleging employment discrimination and retaliation. 

Pessin Katz Law’s Education Group was not involved in the first action which resulted in a jury verdict for the Plaintiff teacher.   In the second suit that was brought in federal court based on alleged subsequent acts of discrimination and retaliation, PK Law obtained summary judgment on all claims.  In the third action, which followed the Plaintiff’s termination for misconduct and incompetence, she again alleged discrimination and retaliation against the superintendent and the Board of Education.  PK Law Education Attorney Lisa Y. Settles argued successfully to the court that most of the Plaintiff’s claims in the third action were barred by res judicata since they should have been asserted in the second case and that her remaining constitutional and tort claims failed as a matter of law.

Click here to read Judge Legg’s decision.