Federal Judge Dismisses Case Against Minneapolis Public Schools Over Policy of Laying Off White Teachers Before Black Teachers

The Justice Department said it is reviewing a ruling by a federal judge who dismissed a lawsuit brought against Minneapolis Public Schools over a policy that the DOJ claims requires white teachers to be laid off before teachers of color. The Justice Department sued Minneapolis Public Schools in December over the 2022 policy implemented to end a three-week teachers’ strike. The policy said that “underrepresented” teacher populations should be prioritized for retention or reinstatement. The Justice Department argued the policy created a practice of intentional discrimination and violates Title VII of the Civil Rights Act of 1964.On Monday, a federal district court judge, Patrick Schiltz, a George W. Bush appointee, dismissed the lawsuit because it did not include the Minneapolis Federation of Educators. He noted that the policy is governed by a collective bargaining agreement, which means that the Minneapolis Federation of Educators needed to be a party to the lawsuit.Putting the administration in a Catch-22 situation, the judge said while the union needs to be included in the lawsuit, under Title VII the federal government can only bring a pattern or practice lawsuit against government entities and, therefore, cannot list private entities as defendants.“MPS and the Union sit on opposite sides of the bargaining table, and the Court cannot simply trust that one party to a CBA will safeguard the interests of the other party,” Judge Schiltz said. “While the Union has no right to include unlawful provisions in a CBA, it has every right to be heard about whether a provision is unlawful.”During a May hearing, lawyers for the school district said the policy is not designed to prioritize teachers of color but to ensure that the teachers in schools are representative of the surrounding population. The attorneys also said the policy had not been used since it was agreed to, and that no allegations have been made that teachers were discriminated against as a result of the policy. They also insisted the policy is a form of “lawful discrimination,” but did not explain what populations are considered “underrepresented.” The Justice Department argued that the layoff policy’s use of the word “underrepresented” gave the district the ability to give preferential treatment to employees on the basis of race. Judge Schiltz said the court has “grave doubts about the legality of the racial discrimination in which MPS is forced to engage pursuant to Article 15.” However, he added that if he sided with the government, it would put the school district in the “untenable position” of having to choose to comply with a court order or a contract. “The Court concludes that this action cannot proceed ‘in equity and good conscience’ without the Union,” Judge Schiltz said.

Federal Judge Dismisses Case Against Minneapolis Public Schools Over Policy of Laying Off White Teachers Before Black Teachers

Federal Judge Dismisses Case Against Minneapolis Public Schools Over Policy of Laying Off White Teachers Before Black Teachers

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