Portsmouth Herald

Ex-teacher, York High School settle LGBTQ discrimina­tion lawsuit

- Max Sullivan

YORK, Maine – A former York High School special education teacher has settled her lawsuit against the school department that alleged she was discrimina­ted against because she is gay.

Michele Figueira filed the federal lawsuit in July alleging the York School Department violated Title VII, which prohibits employers from discrimina­ting against an employee based on sexual orientatio­n. She claimed she was discrimina­ted against during her employment with the school district from 2018 to 2021 because she was a lesbian. When she complained, she alleged the administra­tion created a retaliator­y environmen­t and did not renew her contract in 2021.

Figueira and the school district reached a settlement March 13 in federal court. Figueira’s attorney, Laura White, said Tuesday she and her client could not comment on the settlement.

York Superinten­dent Tim Doak, who was hired after Figueira’s departure from the school, said he could not comment on the terms of the settlement but that both sides were satisfied.

“After Wednesday’s court mediation, the parties reached a settlement agreement to their mutual satisfacti­on and will not provide further comment,” Doak said in an email Tuesday. He said a copy of the settlement agreement could be provided at a later date when the school district receives a copy from the court.

Figueira was a special education teacher for nearly 20 years when she filed the lawsuit with the York School Department alleging discrimina­tion based on sexual orientatio­n. She alleged her supervisor, who no longer works at the school district, made inappropri­ate comments about her being a lesbian.

Figueira’s suit alleges she heard discrimina­tory comments from her supervisor that were “degrading and humiliatin­g remarks about her sexuality.” When she revealed to her supervisor she was married to a woman, Figueira alleges her supervisor replied, “Duh, you didn’t think I knew that?” She also asked if Figueira and her wife had “roles” in their relationsh­ip, according to Figueira, and asked her about identifyin­g other gay teachers.

Figueira also alleged her supervisor intentiona­lly placed her with students who were gay or had gay parents.

According to the lawsuit, Figueira first filed a complaint with school administra­tors in May 2020. The school department, she said, gave her supervisor a written warning for acting inappropri­ately.

The lawsuit alleges the same supervisor then began singling Figueira out for additional scrutiny and discipline.

Prior to filing a lawsuit, Figueira filed a complaint with the Maine Human Rights Commission, which found some of her claims had reasonable grounds. They agreed Figueira faced discrimina­tion but found no grounds to believe the school retaliated against her. The votes were not unanimous, as two of the five commission­ers voted in support of the retaliatio­n allegation.

The school’s attorney, Kathleen Wade, told the commission the school department found Figueira was not “collegial” in her behavior, resulting in violations and the department’s decision not to offer her a new contract. Wade told commission­ers the school investigat­ed Figueira’s complaint swiftly and took action.

Figueira, in the spring of 2023, said she did not expect to file a lawsuit because of a lack of funds. She changed her mind in July and filed the suit, demanding a jury trial and asking the court to award her damages. The damages were in the form of lost back pay, front pay, liquidated damages, attorney’s fees, costs and expenses, equitable and injunctive relief and “all other relief afford to her by law.”

“Ms. Figueira is a talented educator, and she was an asset to the York School District,” Figueira’s attorney, Laura White, said at the time of the filing. “She intends to hold the district accountabl­e for the outrageous discrimina­tion and retaliatio­n alleged in the case.”

 ?? MAX SULLIVAN/PORTSMOUTH HERALD ?? Michele Figueira, a former York special education teacher, was found by the Maine Human Rights Commission to have experience­d an abusive environmen­t at work after complainin­g of discrimina­tion based on gender.
MAX SULLIVAN/PORTSMOUTH HERALD Michele Figueira, a former York special education teacher, was found by the Maine Human Rights Commission to have experience­d an abusive environmen­t at work after complainin­g of discrimina­tion based on gender.

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