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Two employees of Missouri's largest school district are alleging that so-called "equity" trainings violated their constitutional rights by forcing them to endorse certain beliefs about race – adding to the already-mounting legal scrutiny of attempts to push critical race theory (CRT) and its associated ideas.
Filed on Wednesday, the lawsuit centers around the purported experiences of Brooke Henderson, a process coordinator focused on advocating for students with disabilities, and records secretary Jennifer Lumley during training sessions last fall. While Lumley was allegedly berated for disagreeing with the content, Henderson claims she had to affirm statements she disagreed with in order to progress in the mandatory training.
Springfield Public Schools (SPS), according to the lawsuit, also threatened to revoke credit for the training if employees didn't "participate completely." In doing so, it purportedly set up an "unconstitutional condition of employment" and chilled district employees' speech.
Credit: Jennifer Lumley and Brooke Henderson
The federal lawsuit reads: "Plaintiffs and all other similarly situated staff risk employment penalties for exercising their right to avoid messages with which they disagree and express messages with which they do agree."
"Plaintiffs and similarly situated staff are threatened with docked pay and loss of credit hours if they do not affirm those beliefs and participate in those trainings, both in the past and going forward."
The trainings were one of the many exposed by the Manhattan Institute's Chris Rufo earlier this year. They included things like an "oppression matrix" and teachings like "colorblindness" and "all lives matter" are forms of covert White supremacy.
"SPS [Springfield Public Schools] promotes and reinforces a view of race essentialism that divides Americans into oppressor and oppressed based solely on their skin color," Wednesday's lawsuit reads. "SPS sets up a dichotomy between white and non-white races that depicts whiteness as inherently racist and a tool of oppression."
Fox News reported earlier this year on one of the sessions. On Wednesday, a district spokesperson told Fox News: "The legal action filed by Ms. Henderson and Ms. Lumley is a serious distraction that consumes time and resources better focused on children. This effort is part of a misinformation campaign designed to undermine our district’s pursuit of equity for all. SPS is prepared to vigorously defend our efforts to honor and respect the identities and lived experiences of all students and staff. We are confident that the court will ultimately determine the lawsuit is frivolous and without merit."
ILLINOIS TEACHER SUES SCHOOL DISTRICT, CLAIMS ‘EQUITY’ PUSH VIOLATES US CONSTITUTION
Lumley and Henderson are represented by the Southeastern Legal Foundation (SLF), which brought another lawsuit on behalf of an Illinois drama teacher in June. The teacher, Stacey Deemar, specifically accused the district of violating the 14th Amendment's Equal Protection Clause and Title VI, which prohibits discrimination at federally-funded educational institutions.
Both that suit and Missouri's could play pivotal roles in the anti-critical race theory's (CRT) movement to install legal protections against the controversial ideology being promoted in U.S. institutions.
Federal, state, and local policymakers have all pushed measures that would restrict certain teachings about race. Lawsuits like SLF's would presumably add an additional layer of protection by prohibiting politicians from changing these policies once they gain power.
LEGAL COALITION FORMING TO STOP CRITICAL RACE THEORY TRAINING AROUND THE COUNTRY
Rufo has partnered with SLF and others with the goal of eventually obtaining a Supreme Court decision that strikes down so-called "equity" and "anti-racist" as violations of the 14th Amendment.
Schools and governments across the nation have reportedly seen trainings like these in the wake of George Floyd's death and a wave of protests associated with "Black Lives Matter."
As part of their training, SPS employees were allegedly directed to watch videos that discussed those issues with an apparent ideological bias. For example, some of the videos' contents endorsed the concept of structural racism and White privilege. They also presented one-sided narratives about high-profile police encounters with African Americans.
One of the videos, published by BrainPOP, discussed the death of Michael Brown which prompted a wave of riots in Ferguson, Missouri.
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"A police officer killed 18-year-old Michael Brown in Ferguson, Missouri," a character in the video says. "Brown was unarmed when he was shot multiple times. The officer wasn't charged." What it didn't include was a grand jury's reasoning for dismissing Brown's case or Officer Darren Wilson's claim that he acted out of self-defense.
Among other things, the lawsuit claims that SPS' chief equity and diversity officer, as well as a coordinator of equity and diversity, espoused ideological beliefs about capitalism and parenthood. In the complaint's words, those included assertions like "[p]arents are the oppressors of their children," "[e]ducators have a duty to vote for socialist politicians," and that "[b]y celebrating nationalism and showing pride in America’s history, staff should think about who they are harming."
It added: "Our commitment to all students and staff, including those who are under-resourced and underrepresented, is reflected in our strategic plan, which includes a focus on equity and diversity. Staff training encourages participants to consider how their individual journey may differ from the experiences of others. It provides a valuable perspective for all educators and support staff. Subsequent media coverage has inaccurately represented this training by reporting incorrect and/or incomplete information, without appropriate context."
SPS previously said in a statement: "Springfield Public Schools is pleased to provide robust professional development. This includes a focus on how to build welcoming learning environments for students and staff of all backgrounds. It is our responsibility and privilege to serve all people, ensuring every individual within our schools has an opportunity to thrive and achieve their full potential."
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