Former CU official files discrimination lawsuit
Brokenbough filed a formal complaint with Baughn in October 2019, but she says nothing was done about it for eight months, in violation of district policy. When an attorney finally did investigate, she made several findings in line with Brokenbough’s experience, according to the complaint – including several other claims of harassment against Johnson by other Chester Upland employees. The report concluded that the district was aware of Johnson’s alleged behavior but did nothing to address it, the suit says.
PHILADELPHIA » A former chief operating officer of the Chester Upland School District has filed a discrimination, retaliation and unlawful termination lawsuit in federal court alleging the district did nothing to halt ongoing harassment by School Board President Anthony Johnson and treated her differently based on her sex and race.
The complaint, filed Mar. 9 by attorney Judith P. Rodden in the U.S. District Court for the Eastern District of Pennsylvania on behalf of former Chester Upland COO Sharon Brokenbough, alleges seven claims related to the Civil Rights Act, Equal Pay Act, Pennsylvania Human Relations Act and Pennsylvania Equal Pay Law.
Attorney Jeffrey Soltanik, representing the district, declined comment Tuesday, but said the district does intend to vigorously defend the suit. District Receiver Juan Baughn declined comment.
Brokenbough, an African-American woman, was hired by the district as COO in April 2018, according to the complaint. She claims to have had no deficient performance writes up or other disciplinary actions during her tenure there. The complaint says Chester Upland officials indicated she would receive an employment contract, but that never happened.
The 42-page complaint alleges numerous harassing and retaliatory instances during Brokenbough’s approximately two years with the district, including repeated unwanted and inappropriate telephone calls from Johnson on her personal cell phone regarding non-business matters and attempts to get her to meet him at a Pizzeria Uno.
These calls would come at night, on weekends and on holidays, and included Johnson gossiping, making disparaging remarks about board members or Baughn, who was superintendent of the district until May 2020, and asking Brokenbough for a date, according to the complaint.
Brokenbough claims Johnson became angry and threatening after she rebuffed his advances and told her, “If you want to start playing these games…let’s play.”
Johnson also indicated in an “extremely aggressive, intimidating and threatening manner” that this was “his town,” that he “always gets his way,” and if charged with assault, he could be out of jail within an hour, the complaint says.
The calls continued despite Brokenbough’s repeated requests that they stop, according to the suit. When she complained to Baughn, she claims she was reprimanded for not returning one of Johnson’s night-time calls while she was celebrating her anniversary with her husband.
Johnson began retaliating by undermining Brokenbough’s authority to oversee certain departments, excluding her from meetings and hiring decisions, disparaging her character, and having “cronies” join in harassing and intimidating her, according to the suit.
Brokenbough filed a formal complaint with Baughn in October 2019, but she says nothing was done about it for eight months, in violation of district policy. When an attorney finally did investigate, she made several findings in line with Brokenbough’s experience, according to the complaint – including several other claims of harassment against Johnson by other Chester Upland employees. The report concluded that the district was aware of Johnson’s alleged behavior but did nothing to address it, the suit says.
Brokenbough claims she was constructively discharged when the COO position was eliminated from the district’s recovery plan, but the position was added back in after her discharge and the position was filled by two different Caucasian males.
Brokenbough requested and received Family Medical Leave in January 2020, according to the suit. She returned in March 2020, only to discover that she had been replaced and that her office had been cleared out. A new COO had been hired and provided a contract – something she never received – as well as a higher salary despite having similar or inferior work experience, the complaint says.
The complaint additionally alleges that Chester Upland fosters a culture where male principals and other members of management can bully, yell at, belittle and be dismissive of female employees.
Brokenbough claims she was often referred to as “she” or “her” at meetings where she was in the room and that her suggestions would often go ignored until a male counterpart made them, after which they would be acted upon.
Brokenbough has demanded a jury trial and is seeking back pay, front pay, benefits, reinstatement, attorney’s fees and the costs of bringing suit, along with compensatory, liquidated and punitive damages. No scheduling had been done as of Tuesday.