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EEOC sues over teacher's dismissal

September 11, 2008|By Nicole Fuller , nicole.fuller@baltsun.com

An Anne Arundel County elementary school teacher was wrongfully terminated from his job because he is HIV-positive, according to a lawsuit filed in U.S. District Court.

The U.S. Equal Employment Opportunity Commission alleges in its suit that Chesapeake Academy, a private school in Arnold, discriminated against the teacher because of his disability by not renewing his contract, a violation of the Americans with Disabilities Act. The complaint was filed Monday in Baltimore.

Chauncey Stevenson, a second-grade and after-school music teacher, had been employed since 2003 and received good evaluations from his supervisors, parents and students during his tenure, according to EEOC lawyers. His contract was not renewed for the 2006-2007 school year, prompting Stevenson to file a complaint with the EEOC on Dec. 18, 2006. No settlement was reached, and the EEOC filed suit.

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Jay Scheurle, head of school at Chesapeake Academy, declined to answer specific questions about the case but released a statement denying discrimination, saying the school had "cooperated fully" with the EEOC investigation.

"We provided information and records that we believe show that Chesapeake Academy had legitimate reasons for its personnel actions. The complaint does not provide any factual basis for the EEOC's allegations that the academy acted unlawfully. We intend to defend the claim vigorously," Scheurle said.

According to the complaint, school officials terminated Stevenson on May 5, 2006, because they were made aware he was HIV-positive, which deprived him of equal employment opportunities and caused a "loss of enjoyment of life." HIV is defined as a disability in the Americans with Disabilities Act of 1990.

The suit asks for the school to provide "appropriate back pay and front pay with prejudgment interest," payment for medical and job search expenses, and compensation for pain and suffering.

Jacqueline H. McNair, an EEOC attorney representing Stevenson, declined to elaborate on the circumstances surrounding his firing.

"They were advised that he was HIV-positive and he was fired, despite the fact that he wanted to come back to work," McNair said. "He was a good teacher and well-liked."

Founded in 1980, Chesapeake Academy enrolls students in pre-kindergarten through fifth grade, according to its Web site. The school recently purchased 1.4 acres adjacent to its campus on Baltimore-Annapolis Boulevard in Arnold, where it plans to expand. In 2005, the school completed an addition that includes a gym, theater and computer center.

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