Stallworth v. Okaloosa Cnty. Sch. Dist.
| Decision Date | 30 September 2011 |
| Docket Number | Case No. 3:09cv404/MCR/CJK |
| Parties | RACHELL A. STALLWORTH, Plaintiff, v. OKALOOSA COUNTY SCHOOL DISTRICT, Defendant. |
| Court | U.S. District Court — Northern District of Florida |
Plaintiff Rachell Stallworth filed this suit against her former employer, Defendant Okaloosa County School District ("School District"), claiming racial discrimination, harassment, and retaliation, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e, et seq., & 1981a ("Title VII"); and a state law claim of workers' compensation retaliation, in violation of Florida law, Fla. Stat. § 440.205. Pending before the court is Defendant Okaloosa County School District's motion for summary judgment (doc. 76).1 Having fully considered the record and the arguments of the parties, the court finds that the motion is due to be DENIED in part and GRANTED in part.
Rachell Stallworth is a black woman who worked as a classroom assistant to JaniceBarrow, who is white, in the Teen-Age Parent Program ("TAPP") at Crestview High School, located in Crestview Florida, from August 2005 until the spring of 2008.3 Stallworth claims that Barrow created a racially hostile work environment in the TAPP classroom. During most of this time, Stallworth's daughter attended Crestview High School and spent time after her classes in the TAPP room where Stallworth worked under Barrow. Stallworth, her daughter, and students in the TAPP room had complained to the School District at various times about Barrow's actions.
According to Stallworth, Barrows treated her "like a nobody" and a "child" and belittled Stallworth on a regular basis. Barrow treated Stallworth in a rude manner several times a day, yelled at her, and consistently expressed a dislike of Stallworth through her language and demeanor. Stallworth complains that Arden Farley, the School District's Equity Coordinator, would telephone Barrow nearly every day to verify the time Stallworth arrived. During the first semester, Barrow refused to allow Stallworth to interact with the students and required Stallworth to remain in the TAPP classroom, even during the lunch break. Stallworth states that Barrow forced her to sit at a student's desk although the room had two teacher's desks. Stallworth requested and was given a teacher's desk in the fall of 2007 by Principal Coleman. Stallworth states that she was denied a key to the classroom until her last semester, in 2008; however, a substitute teacher who was white was given a key. Stallworth reports that Barrow told her she did not need a key and also said she (Barrow) was afraid something might come up missing if Stallworth had a key. According to Stallworth, Barrow treated her like a dog, ordering her to "go and fetch" the mail every day in a hateful tone. Barrow insisted that Stallworth crawl on the floor to plug in electronic equipment on a daily basis, which humiliated Stallworth and made her feel "like a dog." (Stallworth's Depo. at 121, 240). Stallworth stated that when she put thesurge protector on a table to avoid having to crawl on the floor to plug in the equipment, Barrow insisted that it be left on the floor. Stallworth complains that Barrow frequently rolled her eyes at Stallworth during conversations and generally acted superior. By way of example, Stallworth asserts that Barrow refused to allow the students in TAPP to participate in certain computer classes until after Barrow herself had been formally trained in the system, and she refused to learn from Stallworth, despite the fact that Stallworth had already been formally trained and had trained other teachers in the School District on the same system. Additionally, Stallworth stated that throughout her time working as Barrow's classroom assistant, Barrow had insisted to the students that Stallworth was teaching them improperly. A former student who is black, Dalivia Baker, testified by deposition that Barrow would say things such as, "don't listen to Ms. Stallworth." (D. Baker's Depo. at 33). Baker also testified that she could tell Barrow did not like Stallworth by the way Barrow behaved toward Stallworth.
Stallworth testified that most classes were computer courses, math or physical education, except that in the spring semester of 2006, Barrow began reading Harper Lee's novel, To Kill A Mockingbird, aloud in the classroom. Stallworth testified that Barrow read the book in such a way that, by her demeanor, she directed the racial slur, "nigger" as used in the book, at Stallworth during the reading, even after students voiced discomfort with the use of the word. Dalivia Baker testified that Barrow would look up and emphasize the racially offensive portions of the book, and that Barrow would turn to look at Stallworth. According to Stallworth, some students intentionally missed school because of the offensive manner in which the book was read.
Stallworth also complains that Barrow ignored Stallworth's daughter, Arraye, when she came to study in the room after school. Barrow would also keep the lights off in the room. Stallworth and Arraye testified that Barrow would read by a small light at her desk but keep the other lights off and some days Barrow would lock the classroom door, causing Stallworth's daughter to mistakenly think her mother wanted her to take the bus home. Arraye testified that she observed Barrow and Stallworth almost every day after school and that Barrow consistently treated her mother with disrespect, a superior attitude, andunpleasant or distasteful looks. She stated that the worst thing Barrow did to them was to keep the lights off after the school day was over. Arraye stated that she complained of this to the principal, Ed Coleman, who did not help her.
Toyoka Parsons, who was employed at Crestview High School as an aid and the mother of a former TAPP student who is biracial, saw Stallworth and Barrow together at the school on one occasion when Stallworth was on the verge of tears; Barrow shrugged her shoulders, threw her hands up, and walked off. Parsons and several other witnesses testified that Barrow treated Stallworth with disrespect, including Desiree Illar, a white former student; Baker and her mother, Kim Baker; and Irene Varner, who is the mother of a former TAPP student who is black. These witnesses (with the exception of Illar, a white student who said there were no black students in her class) also testified that Barrow gave preferential treatment to the white students and referred to the black students as "them" (Stallworth's Depo. at 175) or as "colored" (Parson's Depo. at 44). Stallworth stated that the black students were given more "Fs" on their progress reports than the white students.4
Stallworth complained to Principal Coleman about Barrow's reading of To Kill a Mockingbird, which she and students found racially offensive, and of her concern that Barrow was favoring the white students. There is also evidence that she complained to Michael Foxworthy, Chief Officer for Human Resources. Student Dalivia Baker complained of the readings to Principal Coleman as well, who stated he referred the complaints to Equity Coordinator Arden Farley. Through Farley, the School District conducted an investigation. Notwithstanding, according to Stallworth, Barrow continued to read the bookin class, and Farley did not interview Stallworth. Instead, she was contacted by the state agency for Professional Practice, and based on this contact and comments by students and a parent, Stallworth became concerned that the School District considered her to have agitated the student into complaining about Barrow.
Barrow remains the TAPP teacher at Crestview High School. She has never been disciplined, and Foxworthy has never recommended her for discipline. Foxworthy admitted it would be inappropriate for a teacher to focus the classroom discussion exclusively on the racist dialogue of a character in To Kill A Mockingbird, but stated that more than two students would have to agree that this was occurring before he would conclude the teacher's demeanor in reading the slur out of a book was racially hostile.5 To Kill A Mockingbird is no longer on the curriculum. Foxworthy explained there has been "controversy in Okaloosa on To Kill A Mockingbird and the use of the term 'nigger' in that book." (Foxworthy's Depo. at 61). Barrow has not taught from the book since the 2007-2008 school year.
On or about December 10, 2007, Stallworth injured her knee. She continued to report to work, and, according to Stallworth, Barrow continued to insist that she crawl on the floor to plug in equipment in the classroom. The School District's risk manager for workers' compensation claims, Jim Palmer, initially agreed that Stallworth could have her surgery in March and recover during spring break, but Stallworth states that he later began demanding that she have the surgery in February. Palmer told her she would have the surgery when he told her to have it and accused her of being more concerned with her "religious social club" than in returning to work. He also made a comment to her to the effect that he would see to it that she did not have job to return to. Stallworth's last day of work before surgery was January 22, 2008. She exhausted her vacation and sick leave before receiving workers' compensation benefits on March 1, 2008; and her surgery went forward as planned in March 2008.
Stallworth complains that following her surgery, she was required to return to workbefore being personally evaluated by the surgeon in a follow-up visit. She complains of conduct by Glenda Torres, a nurse case manager consultant or liaison that the School District used to facilitate workers' compensation claims. The record reflects that Stallworth's doctor, Dr. Richard Sellers, released her to full duty following surgery, without checking any limitations. According to Stallworth, she returned to bring this to his attention and Torres...
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