Federal judge rules for SPS in lawsuit filed by staff over diversity training

Two employees who sued Springfield Public Schools over mandatory equity and diversity training recently notified the court they plan to appeal after a federal judge ruled in favor of the district.

Judge Douglas Harpool entered the judgment Jan. 12 and in the weeks since, both parties have asked the judge to have the other side cover their legal fees.

The lawsuit filed in August 2021 by employees Jennifer Lumley and Brooke Henderson alleged the district violated their rights, forced them to disclose personal information, and pressured them to affirm the district’s beliefs about “so-called racial equity” as part of mandatory training the prior year.

They alleged all employees were required to complete the training during the 2020-21 year or lose pay and that, as part of the training, they were required to commit to equity and being “anti-racist educators.”

In the suit, they declared the training “an unconstitutional condition of employment.”

Harpool granted a request by the district, and the three school leaders named in the suit, and entered a summary judgment in their favor. He denied a similar request by Lumley and Henderson.

“The court’s ruling represents a significant, unequivocal legal victory for SPS and we anticipate the appeal process will reach the same determination. This has been a long, difficult, costly journey, but the outcome ultimately affirms the district,” said Stephen Hall, chief communications officer, in response to a request for comment. “The ruling also acknowledges the district’s option to pursue attorney fees on behalf of taxpayers. Accordingly, SPS is earnestly seeking that reimbursement.”

Hall said the district has spent in excess of $370,000 in legal fees to defend against the lawsuit but it is unclear how much reimbursement will be sought, since an appeal is expected. “That is a conservative estimate.”

A central issue in the ruling is whether or not Lumley and Henderson actually suffered as a result of the actions — in this case, the required training — of the district. Harpool addressed this question through the 25-page ruling in the district’s favor.

More:Two Springfield school employees sue district over mandatory equity training

Lumley and Henderson contended they were presented, as part of the training, with just three options:

• Say what SPS wanted to hear by affirming anti-racism and equity;
• Refrain from speaking and risk being labeled white supremacists; or
• Speak out and risk losing training credit and pay.

Training dealt with discrimination, inequity, prejudice

In the judgment, Harpool noted the required training dealt with “inherently controversial issues” faced by all public entities, including schools, as it dealt with racial discrimination, inequality and prejudice.

Harpool said the intent of the training was to increase employees’ understanding and sensitivity to race issues likely to be confronted by “minority students” in the district.

“The training, however, did not require by means of compulsion or coercion plaintiffs or anyone else to express a specific message after encountering examples of discrimination or xenophobia,” Harpool wrote in the judgment.

He added that there was nothing in the training, or policy suggested by the training, that required an employee to violate the U.S. Constitution or federal law.

Harpool said the school board, and district, have the right to develop a single, unified approach to policy issues and employees are expected to comply with expectations unless they are illegal.

He wrote: “Plaintiffs contend they should not have to listen to, learn, or follow defendants’ description of equity and anti-racism discussed during the training because they personally disagree. The problem with such a theory is, particularly in areas of controversy like racial policy, a government entity would be unlikely to find any approach all employees find agreeable.”

Henderson, and members of her family, have repeatedly expressed concerns about district decision-making.

Henderson, along with the Back on Track America group her parents help lead, accused the district of embedding the much-politicized critical race theory in its equity training.

More:Critical Race Theory debate dominates Springfield school board meeting

CRT was not mentioned by name in the suit but it alleged the term equity — as well as social justice; diversity and inclusion; and culturally responsive teaching — were code for common allegations against the theory, that it forces individuals to “see each other’s skin color first and foremost.”

Henderson and Lumley, both still employed by the district, are represented by attorneys with the Southeastern Legal Foundation, in Georgia. The nonprofit has filed numerous lawsuits involving school training, critical race theory, and COVID-19 policies.

Three school officials were named in the suit: Grenita Lathan, superintendent; Yvania Garcia-Pusateria, chief equity and diversity officer; and Lawrence “LA” Anderson, coordinator of equity and diversity.

Henderson, Lumley speak up during training

In the judgment, Harpool noted Henderson and Lumley expressed personal views during the training that were at odds with the content of the district training.

“Henderson expressed during the training that BLM (Black Lives Matter) protests were at least in part riotous and that Kyle Rittenhouse acted in self-defense when he shot and killed people during protests in Wisconsin.”

Garcia-Pusateri reportedly told Henderson she was “confused and wrong.”

In the training, Lumley alleged the district “was improperly assigning characteristics based on race and that not all white people are racist.”

The judgment notes the statement that “Ms. Lumley disagreed with [defendant] SPS’s position that she was racist simply because she was white, and she shared a personal story about black people saying her relative did not count as black after marrying a white man.”

Lumley reportedly said, during the training, that she lacked white privilege because she came from a “poor, broken home.”

A training facilitator reportedly told Lumley that “Black people can be prejudiced but not racist” and suggested that Lumley needed additional self-reflection.

Harpool noted the district took no action against Henderson or Lumley for expressing their personal views during the training.

More:LGBTQ advocates say youth ‘do not feel safe in SPS,’ call for support

Both Henderson and Lumley are still employed with the district. At the time the suit was filed, Henderson was a 504 process coordinator, working on plans for students with special needs or disabilities that need extra support. Lumley was a records secretary in the special services department.

The training was part of a larger strategy that emerged from the work of the equity and diversity advisory council, which met for months in late 2019.

The volunteers came up with recommendations aimed at recruiting and keeping diverse employees; making the district more inclusive; and closing gaps in student achievement, attendance and graduation rates.

Claudette Riley covers education for the News-Leader. Email tips and story ideas to criley@news-leader.com.