Law Offices of Louis Spitters

California high school faces wrongful termination suit

In the midst of the Employment Non-Discrimination Act being approved, a high school staff member was terminated from his position after news circulated that he was gay. He had worked at the school as both a football coach and a teacher. He has since filed a lawsuit against the California high school for wrongful termination.

The male staff member was seemingly going about his day and thought he was having a private conversation with one of his colleagues. Unknown to him, several supervisors were eavesdropping on his conversation and heard him discussing his partner, who happens to be his husband. Apparently, the school administration had not been aware of the man's sexual orientation prior to this. They then issued a termination to him as football coach after learning the news. He still held his job as a teacher, but due to the overwhelming amount of frustration and harassment on the job, he eventually felt forced into resigning from his teaching position.

The man is now seeking damages and claims that he was discriminated against and treated unfairly due to the fact that his is gay. Reportedly, the school did not exercise due diligence in protecting him from harassment. In addition, he is also claiming that the school caused him emotional duress and violated their agreement with him.

The Employment Non-Discrimination Act in California safeguards sexual orientation rights. An employer who terminates someone based on their sexual orientation or any other differences faces civil lawsuits and possible legal sanctions due to discrimination. With a reasonable amount of evidence to back up his claims, the court may reimburse the man for lost wages, wrongful termination and other damages he is seeking.

Source:, California High School Football Coach Burke Wallace Fired Because He is Gay, Dominic Kelly, Nov. 9, 2013

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