Elk Grove teacher sues union for alleged racial discrimination

ELK GROVE, Calif. — An Elk Grove teacher is suing the union that represents him and thousands of other school staff, alleging a position he applied for violates the Civil Rights Act.

High school teacher Isaac Newman claims the union racially discriminated against him because he was unable to apply for a position on the union board reserved specifically for black, indigenous and other members of the union. color (BIPOC).

“My union excluded me from a management position simply because of the color of my skin,” Newman said.

He is a social studies teacher in the Elk Grove Unified School District and a member of the Elk Grove Education Association, a local union of teachers and school staff representing approximately 3,000 employees.

Newman, who is white, said he tried to apply for the position of BIPOC At-Large director on the association's board of directors.

The association's bylaws state that the position is reserved for members who have identified themselves as belonging to at least one of several racial/ethnic categories, including: African American, Native American, or Latino, among others.

“This kind of racial litmus test is illegal and un-American, which is why I’m taking them to court,” Newman said. “It's really about having a voice, about promoting real equality, real fairness, and not this version of equality of outcomes.”

ABC10 asked Newman if he had applied or considered other positions, but he said this was the first position he was qualified for.

There are 11 board positions listed on the association's website, each with defined requirements. Many of these positions relate to academic levels, including representatives for: Special Education, Grades 1-3, Grades 4-6, Grades 7-8, and Grades 9-8. twelfth grade. Other positions include treasurer, president, vice president and general representative.

After filing a grievance with the union, Newman decided to take legal action. His attorney and nonprofit law firm, The Fairness Center, filed a federal lawsuit on May 24, alleging that the BIPOC executive council's position violates Title VII of the Civil Rights Act and California's law on fair employment and housing.

In a statement to ABC10, union president James Sutter said in part, “this appears to be a lawsuit sponsored by an outside extremist group to sow fear and division in our community.” We have not seen the details, but our priority continues. to be our students and our community.

Francis Mootz, a professor at the McGeorge School of Law and an expert on labor law, says the lawsuit could have merit.

“Really, what we're trying to decide in this area of ​​law is whether discrimination based on race includes efforts to exaggerate the effects of past discrimination,” he said.

Newman is asking that the court order the association to remove or eliminate the race-based eligibility requirements for the position.

We asked EGEA what the original intention was to create the BIPOC position, but they did not answer the question and instead sent ABC10 the following statement.

“This appears to be a lawsuit supported by an outside extremist group aimed at sowing fear and division in our community. We haven't seen the details, but our priority remains our students and our community. We are so proud of the students of Elk Grove. As we complete another extraordinary school year, we will not be distracted as we continue to provide the high-quality public education our students deserve and as we continue to champion our work on equity. -James Sutter, President, EGEA

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