In employment law, an employer's stated reason for termination must be legitimate and not based on protected characteristics like race; the judge ruled that the teacher's termination was based on integrity concerns regarding her application, not racial discrimination, and that at-will employment allows termination for any reason.
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Code Switcheroo | Justice with Judge MableanAñadido:
Justice with Judge Maybelline will be life because in everything we do, it involves the law. Where's your witness?
>> In the evidence.
>> That's hearsay.
>> It's notorized.
>> I still say it's here.
>> She's fair.
>> You're going to help these young men learn how to do this the right way.
>> Yes, your honor.
>> She's firm.
>> Can I say something, your honor?
>> No, I don't need to say anything else.
>> She's honest.
>> I'm not your child and I'm not your friend. That's the order of the court.
Goodbye.
>> This is Justice with Judge Maybelline.
All rise.
Both parties, raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth?
>> I do.
>> Court is now in session with the honorable Judge Maybelline presiding.
>> Thank you, Will. You may be seated in the matter of Angela Richardson versus Brendan Fellows. You're suing him for $10,000 for wrongful termination. You think?
>> Wrongful termination. Okay. Now, you alleged that he fired you from your duty as a teacher.
>> Correct.
>> Okay. Tell me about it.
>> So, I'm a teacher and I've been teaching for um over 10 years. I have also uh taught in elementary school. I as a sixth grade teacher as well as a fourth grade prior to working for Mr. Fellows.
>> What grade were you teaching for him?
>> Um I was teaching high school. So, it's a college preparatory uh college uh school.
>> 9th through 12th, >> correct?
>> Okay. So uh during that time I have worked with Mr. Fellows for over two years and I actually have a contract that's signed which I have evidence of uh in which I was signed on for another year. When I interviewed with Mr. Fellows um the only thing that was in question was my credentials and I provided all of that and there was nothing that stated that I had to be anything but educated in order to have that position.
>> What was the position? history uh professor um specializing in African-American history.
>> You were teaching 12th grade, >> correct?
>> History, African-American history >> for a year.
>> For one year, >> correct?
>> And then you got a contract for a second year.
>> Correct.
>> And it would still be African-American history.
>> Correct.
>> And what happened?
>> There were no complaints. The first year was absolutely amazing. Um during the time that I interviewed with uh Mr. fellows. He basically hired me on the spot. So, there was nothing in question about anything. Not ethnicity, not saying you need to be a certain uh level of a racial profile or anything like that. He hired me because of my education, because of my degree, because of my experience and I did well and there were no complaints at all.
But there was a point in time where um in Chicago, my parents were visiting. We were at a cafe and Mr. Fellows just happened to be there at the same time.
And so I introduced him to my family by names, not by ethnicity, not by anything. And then there was another time during that same summer that my parents were still there. And Mr. Fellows saw my parents again and they are >> white, your honor.
>> Caucasian. My father is actually a percentage of black. But after he met my parents, then he wanted to basically bring me into office and tell me that I'm not qualified to teach because >> I did not >> I am not black enough. Yes, you did.
>> You fired me.
>> I did not.
>> Okay. It says that you intentionally deceived the administration regarding your background. Specifically, you identified as African-American on your employment application and provided misleading accounts of your upbringing to influence your hiring. So, how many semesters did she teach? Two. All right.
And then the third semester, you offered her a contract.
>> Offered her a contract >> for the third semester.
>> That's correct.
>> But in between starting that contract, you found out that her heritage was something other than African-American.
>> Well, she checked the box of African-American. I specifically had a preference toward African-Americans for teaching of this sophomore class. I had a preference. Now, if it didn't happen and we didn't find a candidate, then then that was that was okay. that that but I had a preference to have these students, these sophomore students be taught by African-American descent person for the class.
>> Mhm. But that's not in the contract.
>> I don't see anything in the contract that says that.
>> Well, look where it says sophomore.
That's that's the beginning of it. The sophomore where you saw the part where it's just for the sophomore.
>> It says you're going to teach sophomore African-American history.
>> And so I had a preference. I had a preference.
>> You didn't say that in the contract.
>> I had a preference.
>> You didn't say that in the contract.
>> Okay. Stop it. Okay. Can I I you know you gonna answer my question because you all are sounding foolish to me. You don't sound like educators at all. You sounded like you know little kids.
>> Yeah.
>> So >> you're saying the preference was for African-American. There's nothing in the contract that says preferences to be African-American. No racial distinction in the contract. So now what is your real problem with her teaching? And why did you terminate her?
>> Well, my problem was she checked the box of African-American.
>> What box?
>> Uh I have an exhibit here. Let me have it because I don't see a box being checked. I don't see an application.
>> And didn't you know that you can't ask race and creed on on application?
>> It's a private institution, your honor.
>> I don't care if it is private.
>> It's a private institution.
>> So, you think you're excused?
>> No. No. I I can ask questions.
>> Please check the box that best describes your race or ethnicity. And you checked black or Africaname.
>> And then it says, >> well, then you shouldn't have checked that box.
>> You didn't check other, ma'am. I'm looking at the box now. You said at first you didn't check a box. Now you're saying I checked other.
>> No, I said I did not check other.
>> He never said you did.
>> Okay. I'm saying that I shouldn't have to check anything because it should not be >> that's the issue that we're here to argue about.
>> Okay, I understand. Okay, but that's not in the contract that I have to be black to teach African-American history class when I was educated enough to teach two.
>> Okay, that's not what he's saying. That you had to be black to teach African-American history. He said that you misidentified yourself on the application that you were less than honest and less than truthful about your race. That's not true.
>> And your racial identity. So what do I what do I check? Do I check like my dad is a quarter? So I'm 1/8. Do I make that? Do I put that in there? Because that won't be on a birth certificate.
And if it was good enough before he met my parents to racially profile me because that's what he did.
>> Coming up on Justice with Judge Maybelline. The purpose of a teacher is to teach the subject. Why is that more important to you than teaching those students?
>> If you'll be in the Los Angeles area and want to bring your case to court, call 1888-552-6878.
You're watching Justice with Judge Maybelline. We're back with the case of Angela Richardson who is suing Brendan Fellows for wrongful termination.
>> The interesting thing about this application is that there was a choice that you could say I choose not to identify myself. And my question to you is why did you select black or African-American?
>> Because I closely identify with the black American community. I've grown up in a black American community. Me and uh Miss >> That's what you identify with. But you you're an educator, right? I am an educator.
>> And you have a you have college degrees behind you, >> bachelor's degree. Yes, ma'am.
>> And you understand that in these United States that when the question is asked about racial identification is based upon your birth certificate identification of your mother and your father.
>> I understand. And you recognize on this form that there were several choices that you could have made if you did not want to identify black or African-American or white, Caucasian.
You could have just said, "I don't."
Right here it says, "I choose not to identify either and I choose that I can understand that I must be visually identified under federal law." You could have checked that box and then you wouldn't have had to say either.
>> I do understand that. But during >> So why didn't you check that box?
>> Because I did not feel like my race would have been any feeling. Why? It's just an >> It wasn't because it wasn't in the >> Why did you choose to say African American if you didn't think that race was a factor?
>> Because I am.
>> Just because I don't look like it doesn't mean >> I'm not talking about your looks.
>> Okay. Well, it didn't affect the fact that regardless of what I checked, I was already hired. And so, I feel like I identify and I told him that during our interview and he hired me because not just because I look black, because I had information, because I was able to tell him about black history. because it didn't have to do with what I was what I checked in a box. I was already hired >> on your opinion. Now, why does it matter so much to you? The year that she taught, >> the two semesters, >> were you satisfied with her teaching?
>> Yes.
>> Was it done well?
>> Yes. So, what's the big deal?
>> The big deal is that we teach our students integrity. So, if she's not obeying the code of the school, she's code bending. If she's not obeying, how does she convey that to our students so they can convey it? Oh, and I I have something here, your honor.
>> This is difficult. I understand both parts. It's very difficult.
>> Number four, your honor. It talks about intentionally >> deceiving on your on your application.
>> Do not intentionally deceive me.
>> I'm just I'm talking to the judge right now. I'm talking to the judge right now.
Fellows College Preparatory is an institution founded on the principles of honor, integrity, and >> do you have integrity to think that I wasn't a good professor during the times that I was and just because you met my parents, that's not integrity because they were white.
>> Okay, here it is. Acknowledge that any intentional misrepresentation or deception during the application or employment process is grounds for immediate revocation of the contract.
>> So, >> and the contract is at will and you can be terminated at any time. I I'm going to tell you the truth. I'm I'm torn because of the fact that whether she identifies African-American, whether she identifies Caucasian, whether she doesn't identify at all, seems to me that the purpose of a teacher is to teach the subject and to be able to educate the students on the subject matter for which she or he or she is hired. And you say that she did that and she did that well. Why is that more important to you than teaching of those students?
>> Because lying on an application >> is not a lie. It >> it it is a lie. She intentionally on her birth certificate it says what nationality she is. It says on my birth certificate certificate.
>> It says it on mine.
>> I but I asked you what did it say on your birth certificate?
>> Okay. But that >> I asked you what did it say on your birth certificate.
>> Okay. Well, you know what?
>> What does it say?
>> It my my mom is white.
>> What does your birth certificate say?
>> Um, it has >> Does it have mixed does it have both parents?
>> Yes, it does have both parents.
>> So, it shows that you of mixed parentage, right?
>> Yes, it does.
>> It So, why did you feel it necessary or decide on this particular application not to acknowledge that?
>> Did you think that you needed to be African-American to get the job?
>> I absolutely did not. That's why I >> So, why did you why did you do that on this application? because I felt like that's where I identify with. I didn't think that I had to check a bunch of boxes. I've never had to check a bunch of boxes to get a job.
>> You're not telling the truth.
>> No.
>> What do you mean?
>> Just what I said. You've never had to check boxes to get a job. You're not telling the truth to these United States of >> America. I'm saying I've never had to check boxes about my race to get a job not to get a job.
>> Yes.
>> Not to get a job. I have been hired.
>> In what part of the world have you not had to do that in these United States of America? I have check boxes and they say it's not about race. You can choose.
>> There's there's a difference in saying it's not about race.
>> Coming up, >> you can't go down and then lie on your application.
>> And in light and integrity is also making sure that your students get the best education and there was no problem and I've never been let go and you have my credentials to see that.
>> You're watching Justice with Judge Maybelline. We're back with the case of Angela Richardson who is suing Brendan Fellows for wrongful termination.
>> They always ask you to check boxes and they give you choices. As a matter of fact, to get beyond forcing people to choose one race over the other. They start the United States started giving you the option to say I choose not to identify. so that we didn't force people and put them into a bag of choosing African-American, black, white, because the world started to change. But it also even gave you another out. You don't have to say it at all. You don't have to choose any. You can say, "I choose not to identify." Now, what is more important to you?
>> Integrity. more important than the teaching of your students, the subject matter for which she was hired to teach.
>> You have to have integrity in order to teach. If this is the level that you want to teach at at our school, a school I founded, I ran for 10 years. I know everything about my school, we need educators with integrity.
And maybe I when when I first saw Angela, I said, "Oh, okay. this is this is what I' I'd like for to teach the sophomores. I'd like this. But you can't go down and then lie on your application.
>> I didn't lie. And integrity is also making sure that your students get the best education and there was a problem with that.
>> She has an intentional you intentionally >> I did not intentionally I have always selected that and it's never been a problem and I've never been let go and you have my credentials to see that and you asked me specifically not if I was just 100% black, if I was a quarter black. You didn't ask to see any of that. I put on I asked what was on your birth certificate. You told me >> you did not ask me that because that's that's something you did not ask me.
>> Coming up.
>> He also asked me on a date and I said no.
>> Oh, your honor.
>> He asked me on a date and I said no. And I just have to make sure that that's clear because that's what changed everything.
>> You're watching Justice with Judge Maybelline. We're back with the case of Angela Richardson, who is suing Brendan Fellows for wrongful termination.
>> Here's my dilemma. The problem is you're an atill employee.
>> Yes.
>> And he can terminate you without giving you any reason whatsoever.
>> Mhm. So this reason I think is a croca bull but apparently it has such an effect upon him and the school and what he's looking for in an employee that he does not >> trust. He also asked me on a date and I said no.
>> Oh your honor.
>> He asked me on a date and I said no. And I just have to make sure that that's clear because that's what changed everything if I was able to work for two years. You know what? Okay. Okay. And I just wanted to make sure that >> you said that at the beginning that he asked you on a date and that's why he said no.
>> You said he saw my parents and that's why he said no.
>> Well, that's another reason.
>> Okay.
>> Not only in your defense when you were terminated. You could have used that as sexual harassment or something like that when you put it in your papers. But you never made that allegation until now. I didn't.
>> And it has no effect on me. It has no impact on me.
>> I'm sorry, judge.
>> But the only reason I am allowing and agreeing to the termination simply is because of the fact that he doesn't have to give any reason at all.
>> At will.
>> The contract is at will >> and he could let you go for any reason.
>> So let's say he just let you go cuz he wanted to let you go.
>> Uh unfortunately in at will contracts that's the law.
>> It's at will. I will that you go.
>> I don't have to give you a reason. I don't have to state a reason. But he's given a reason saying that it's integrity and it's not.
>> You have the choice and you understand as an educator when they ask you those questions why and the reason that we've changed it so you could give all those different choices is to prevent discrimination based upon race.
>> Judge Maybelline's verdict when justice with Judge Maybelline returns.
You're watching Justice with Judge Maybelline.
And >> I don't believe that this is discrimination based upon race. I believe that this is let go based upon integrity, honor, and trustworthiness.
Because if you lied about this when you had so many choices you could have done, what else would you lie about?
>> Well, I didn't lie. And what if I had checked Asian? I have Asian in my family. I have Hawaiian in my family. So would that be lying just because it's a quarter or a half or something like that?
>> You're not asking for a quarter half.
You know the best way you answer those questions. That's why you have choices and you're an educator. You know when you have multiple choice questions you you've taken a lot of tests over the years to get where you are and you have multiplechoice questions and for multiplechoice questions you have to answer with the one that's most likely and the closest to the choice on this one is I choose not to answer. So I don't have to tell you quarter, one six, 1/8, 115th, one 1 inch, 1 ounce. You had a multiple choices and you were able to say none of your business by saying I choose not to me to say either.
>> He knew that though.
>> You're not listening to me.
>> I understand what you're saying.
>> And therefore, I am not going to waste my breath anymore. Judgment for the defendant.
>> Thank you, your honor.
>> All right. Judge Maybelline has ruled in favor of the defendant. The plaintiff's claim has been denied.
>> You have now received your ruling. You have one final chance to address each other directly with any final thoughts.
>> Success in all your endeavors.
>> That's why I never dated you.
This has been a production of Allen Media Group.
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