Teacher’s firing leads to federal suit

Chesapeake Montessori School operator accused of not rehiring her due to daughter’s disability

The U.S. Equal Employment Opportunity Commission has filed a lawsuit against the operator of the Chesapeake Montessori School in Annapolis for allegedly violating the Americans with

Disabilities Act of 1990 by firing a teacher because of her daughter’s disability.

The lawsuit against the Chesapeake Montessori Foundation Inc. was filed Sept. 19 in Maryland’s U.S. District Court. It alleges that in February 2021, the school refused to rehire Michelle Washington because of concerns that her daughter’s cystic fibrosis, paired with the coronavirus pandemic, would inhibit her work.

The school, at 30 Old Mill Bottom Road, allegedly renewed the contracts of other, less experienced educators instead of Washington. The teacher had been employed with the school since 2007, the lawsuit states. The school contracts with its educators on a yearly basis.

The Capital was unable to contact Washington before publication. Additionally, the EEOC did not respond to requests to provide contact information for her.

“We typically do not comment on cases beyond the release outside of court proceedings,” a spokesperson for the commission said in an email Monday.

In May 2021, the possibility of hiring Washington in a nonteaching support role was discussed, the suit says.

“The effect of the practices complained of [...] has been to deprive [Washington] equal employment opportunities and otherwise adversely affect her employment status because of the known disability of an individual with whom [Washington] has a relationship or association,” the lawsuit states.

In addition to seeking a jury trial, the lawsuit is asking for back pay and lost benefits, along with compensation for “… past and future pecuniary losses resulting from the unlawful employment practices [...] including any out-of-pocket losses.” The EEOC is requesting a permanent injunction that would prevent the school from discriminating against candidates based on disabilities.

“Chesapeake Montessori relied on stereotypes and assumptions when it refused to renew this teacher because of unfounded concerns over her daughter’s disability, precisely the kind of conduct the ADA’s associational discrimination provision was intended to prohibit,” the commission’s Baltimore field office director,

Rosemarie Rhodes, said in a news release. Further, Debra Lawrence, the commission’s regional attorney in Philadelphia, said the ADA protects against discrimination based on one’s disability or the disability of a relative.

“The EEOC will protect employees from associational discrimination just as vigorously as it does direct discrimination,” she said in the news release.

Chesapeake Montessori Head of School Robb Wirts said in an email that the school is aware of the lawsuit and abides by federal and state disability laws.

“The School provided a clear explanation for the actions it took in this matter when the EEOC did its investigation, and we intend to vigorously defend this case,” he said. “Many of the statements in the complaint are incorrect, and we expect to prevail on the merits of our defense.”