Case 8:11-cv-01331-PJM Document 1

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

__________________________ HEATHER HARDING P.O. BOX 1312 LANHAM, MD 20703, Civil Action No. Plaintiff, v. BOARD OF EDUCATION OF PRINCE GEORGES COUNTY 14201 SCHOOL LANE UPPER MARLBORO, MD 20772, Defendant. __________________________ COMPLAINT COMES NOW Plaintiff through undersigned counsel states as follows: JURISDICTION AND VENUE 1. This is an action for declaratory relief; injunctive relief, damages and to secure protection of and to redress deprivation of equal protection rights secured by the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. 2. This is an action for declaratory relief; injunctive relief, damages and to secure protection of and to redress deprivation of rights secured by Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d-7 et seq. The U.S. Department of Education has provided Maryland public schools with more than $1 billion under the American Recovery and Reinvestment Act of 2009. Prince Georges County Public Schools are receiving stimulus funds for the

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expressed purpose of creating jobs and maintaining existing ones. Title VI requires the recipients of federal funds to waive Eleventh Amendment sovereign immunity. This is an action for declaratory relief; injunctive relief, damages and to secure protection of and to redress deprivation of rights secured by Title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.]. The U.S. Department of Education has provided
Maryland public schools with more than $1 billion under the American Recovery and Reinvestment Act of 2009. Prince Georges County Public Schools are receiving stimulus funds. Title IX requires the recipients of federal funds to waive Eleventh Amendment sovereign immunity.

3.

4. Venue lies in this District pursuant to 42 U.S.C. 2000e-5(f)(3) and because the events and occurrences giving rise to this action occurred within this judicial district. Pendant Claims 5. This is an action for declaratory relief; injunctive relief, damages and to secure protection of and to redress deprivation of rights secured by Marylands Constructive Discharge laws. PARTIES 6. Heather Harding is a former employee of Prince Georges County Public Schools. 7. The Prince Georges County Public Schools are located in Prince Georges County, Maryland. STATEMENT OF CLAIM Heather Harding Introduction 8. In 1997, Dr. Harding was hired by Prince Georges County Public Schools.

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9. Three years later, Dr. Harding was promoted to assistant principal. 10. Dr. Harding had consistently received satisfactory job performance evaluations throughout her twelve (12) year tenure with Prince Georges County Public Schools. 11. Dr. Harding is a thirty seven (37) year old African American woman. Retaliation 12. In the fall of 2008, Dr. Harding was an assistant principal at Duval High School. 13. On September 8, 2008, Dr. Harding filed a sexual harassment complaint against the male principal of Duval High School with her union. 14. Dr. Hardings union was the Association of Supervisory and Administrative School Personnel (ASASP). 15. Doris Reed, the unions executive director, scheduled a meeting with Interim Superintendent William Hite to discuss Dr. Hardings sexual harassment complaint. 16. However, at the last moment, Ms. Reed informed Dr. Harding that Dr. Hite would not be attending the meeting. 17. The meeting was attended by Dr. Harding, Ms. Reed, and PGCPS human resources officials. 18. On November 19, 2008, Ms. Reed delivered a copy of Dr. Hardings sexual harassment complaint, a completed 4170 harassment claim form, directly to Dr. Hite. 19. On February 27, 2009, Dr. Harding met with Randy Thornton, Human Resource Director of Principals and Assistant Principals. 20. Prior to sexual harassment incident, Dr. Harding had injured her back when she fell at school due to a wet floor.

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21. Mr. Thornton told Dr. Harding to look for another job because he could not accommodate her medical restrictions. 22. On March 3, 2009, Dr. Harding filed an EEOC complaint against Prince Georges County Public Schools based on sex, retaliation, and disability. 23. On March 12, 2009, Dr. Harding received written notification from Prince Georges County Public Schools that her salary would be reduced from $102,342 to $96,465, effective March 11, 2008. 24. On March 13, 2009, Dr. Harding met with an EEOC investigator. 25. The EEOC investigator confirmed a correlation between the date Prince Georges County Public Schools received notice of Dr. Hardings EEOC complaint and Dr. Hardings salary reduction. 26. Prince Georges County Public Schools also transferred Dr. Harding from Duval High School to Gaywood Elementary School. 27. On April 14, 2009, Dr. Harding reported to Gaywood Elementary School. 28. The principal of Gaywood Elementary School was Sonya Harris. 29. Dr. Harding was assigned to a storage area instead of an office. 30. Principal Harris told Dr. Harding that, according to the Regional office, she would not be at Gaywood for long. 31. Several faculty members told Dr. Harding that Principal Harris had described her as a problem that would not be at Gaywood Elementary School for long. 32. Dr. Harding met with Cathy Jones and other human resources officials. 33. Ms. Jones told Dr. Harding, I dont know what we are going to do with you.

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34. On June 18, 2009, Dr. Harding reached a settlement with the Prince Georges County Public School system via EEOC mediation. 35. However, to Dr. Hardings dismay, her salary was never restored to its previous level of $102,342. 36. Despite her persistent demands, Prince Georges County Public Schools refused to restore Dr. Hardings salary to its previous level. 37. In addition, Prince Georges County Public Schools refused to issue a pay check to Dr. Harding for periods as long as a month. 38. As a result, Dr. Harding defaulted on her mortgage and her home eventually went into foreclosure. 39. Dr. Harding complained directly to Dr. Hite about her salary reduction, missed pay checks, and pending foreclosure. 40. In April 2009, Dr. Harding received notification from her health care provider that Prince Georges County Public Schools had terminated her health insurance. 41. Dr. Harding complained directly to Dr. Hite and her health insurance was restored. 42. Dr. Harding sought medical treatment for severe emotional distress. 43. In the summer of 2010, Gaywood Elementary School hired a new principal, Ingrid Reynolds-Lawson. 44. On July 8, 2010, Dr. Harding had her first meeting with Principal Reynolds-Lawson. 45. Paula Harris, the Area II Director, attended the meeting. 46. In the presence of Director Harris, Principal Reynolds-Lawson berated Dr. Harding for three hours. 47. Principal Reynolds-Lawson threatened Dr. Harding.

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48. Principal Reynolds-Lawson told Dr. Harding that she would be written up until she was terminated. 49. Furthermore, Principal Reynolds-Lawson stressed that the Area Superintendent was in agreement. 50. Meanwhile, Director Harris nodded her head in agreement with Principal ReynoldsLawsons statement. 51. Dr. Harding left the meeting deeply distressed. 52. Dr. Harding sought the advice of her union. 53. The union advised Dr. Harding that the bullying would likely escalate until she left the Prince Georges County Public School system. 54. On September 1, 2010, Dr. Harding retired from the Prince Georges County Public School system. Count I Title IX (Retaliation) 55. Dr. Harding incorporates by reference all of the preceding paragraphs. 56. Prince Georges County Public Schools retaliated against Dr. Harding. 57. Dr. Harding engaged in protected activity by filing sexual harassment complaint against her boss, a principal through her union, PGCPSs Equity Assurance office, and the EEOC. 58. Prince Georges County Public Schools reduced Dr. Hardings salary, delayed paying her salary, and cancelled her health insurance. Dr. Harding was forced to retire from the school system when she was told she would be written up until they got rid of her. 59. These adverse actions began within weeks of Dr. Harding filing her EEOC complaint.

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Count II Constructive Discharge 60. Prince Georges Public Schools deliberately made Dr. Hardings working conditions intolerable in order to force her to quit. 61. Prince Georges County Public School made Dr. Hardings working conditions intolerable because she filed sexual harassment complaints. 62. Dr. Hardings working conditions were intolerable both from her perspective and the objective perspective of a reasonable person in Dr. Hardings situation. Emotional Pain and Suffering 63. Dr. Harding continues to experience emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other pecuniary and non pecuniary losses. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully prays this court: (a) Issue a declaratory judgment that Defendants acts, polices, practices and procedures complained of herein-violated Plaintiffs rights as secured by the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution; Title VI of CRA; Title IX of the Education Act; Constructive Discharge laws; and, Order Defendant to make whole Plaintiff who has been adversely affected by the policies and practices described herein in an amount to be shown at trial and other affirmative relief; (b) Compensate the Plaintiff for loss pay and benefits, with interest; (c) Retain jurisdiction over this action to assure full compliance with the orders of the court and with applicable law and require defendant to file such reports as the court deems necessary to evaluate compliance; (d) To award them reasonable attorney's fees and costs of this action;

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(e) Award Plaintiff compensatory and punitive damages; and, (f) Grant such additional relief as the court deems just and proper; and WHEREFORE, the premises considered, the Plaintiff demands judgment against the Defendant in the amount of five million dollars ($5,000,000). JURY DEMAND Plaintiff demands a trial by jury.

Respectfully submitted,

_____________________ Bryan A. Chapman, Esquire Bar No.012274 Law Office of Bryan A. Chapman 325 Pennsylvania Avenue, S.E. Washington, D.C. 20004 (202) 558-6168 bchapman@baclaw.com Attorney for Plaintiff