- Arne DuncanSecretary of Education
I would like an equal opportunity to meet and discuss my employment discrimination and retaliation case. I would, also, like to negotiate a fair compromise on my back pay, punitive damages, and grant my son, Nigel Moore, his special permission transfer.
Hello Education Supporters and Civil Rights Activists!
I almost gave up on my case this week. I almost gave up on it last month, last year, and the year before that. However, the spirit of my ancestors told me, “You've come too far to stop now!”
Before I share with you my cause, please view the video above and listen to my speech at 21:50.
With that said, this petition acknowledges my discrimination case as a former employee of Baltimore County Public Schools, along with the racial retaliation towards my son as a result of speaking about the discrimination I faced as an employee. Sharing with your employer in confidence in a verbal or written form about discrimination is a protected activity.
This petition supports every woman, mother, and child who has faced injustice due to lack of money or political power. Therefore, it is critical that I share my story so that I can prevent any single or married woman, who works extremely hard to provide for her child or children, but may be too terrified to speak up. This petition is for the man or woman who speaks up about discrimination and is mistreated as result; consequently, forced to resign from his or her job due to lack of support. Please note that when you are forced to resign, it is called a “constructive discharge”.
In order to prove in the court of law that you were fired or have resigned under this condition, it is helpful to have documented proof. To be able to show a hearing officer or judge that you've made attempts while you were an employee to resolve your workplace matter in order to remain an employee will help your case immensely. So written letters or emails and keeping all communication regarding your discrimination claim are effective ways or procedures to support your internal grievance process with your employer.
In addition, my legal cause advocates for individuals who are dedicated employees, produce results, meet professional standards, or have been in a predicament where coworkers of another race or gender have used your ideas for professional gain. If you can relate to several of the situations I’ve just mentioned and you have not received recognition, bonus awards, a reassignment, promotions, or an equal opportunity to advance in your career, but people of other racial or social groups have, this petition is supporting you!
Moreover, this initiative supports a person who, also, has been blacklisted as a form of retaliation in their chosen field of work as a result of speaking up about their discrimination. All of these situations or scenarios that include lack of equal opportunity are prohibited practices at the workplace and you should be assisted by your employer fairly respecting your human and civil rights to provide for yourself as well as your family. Your employer, by law, should be legally accountable for your mental and emotional stability when you are experiencing grievance at the workplace. So if you are grieving because you know that you are overworked because of your race, religion, gender, education level, or social status, I want to speak out for you! I believe employers should treat their employees as valuable people, not a means for greed such as political gain and personal achievement while the value of their employees are depreciating due to unfair working conditions.
How many people do you know who may not have the family support or the mental toughness to successfully endure the life changing results of racial discrimination, intimidation, and retaliation? Therefore, this legal petition is for the people in the past and present that may have chosen to commit suicide, homicide, harm their family members, become substance abusers, become estranged, or self destruct altogether, due to social and racial oppression. I, also, dedicate this petition to African American people and other races, who are in leadership positions that are pressured to mistreat or allow the mistreatment of legally protected people in order to sustain their careers by maintaining the status quo for their organization. More importantly, let's not forget that every day there are families who are mentally, emotionally, and financially affected by racial and social hate crimes.
I am writing this petition out of pure love for myself, my son, my family, my friends, and the entire global community in the midst of many people feeling hatred toward me by exercising my civil rights as well as my freedom to speak. This subject matter has become my obligation to the African American community, along with others who are affected by discrimination. My petition is dedicated to the courageous people who are called, “whistle blowers” or individuals who have experienced forms of workplace bullying.
Additionally, most of us know that job discrimination and racial retaliation are the most difficult cases to demonstrate to your employer's Equal Employment Opportunity Officer, local Equal Employment Opportunity Commission, or in the court of law. However, I have objective evidence to prove my case successfully. Therefore, I need the support of my global community so that I can be in a position to advocate for you in the future by urging our government to enforce a sound accountability system that will protect the human and civil rights of all citizens facing job discrimination based on their race, gender, religion, sexual orientation, or other legally protected attributes. More importantly, my goal is to prevent racial or gender intimidation and retaliation from actually happening when a person chooses to engage in a legally protected activity, such as speaking out about a hostile or unfair work environment. The current Senate Bill 527, “The Fair Employment Preservation Act of 2015” actually supports my individual case and several other victims who have not come forth yet.
In my particular case, I was a high school teacher in the Towson, Maryland area and my son received a special permission transfer to attend West Towson Elementary School due to my employment. He attended the school from kindergarten to first grade and he was dismissed after two years of being in a academically rigorous environment that had brand new state of the art resources. When I was forced to resign during the 2012-2013 school year, about a month later, I received a letter dismissing my son from his elementary school and I was advised to transfer him to our zone school because I was no longer an employee. Did the education leaders of Baltimore County personally feel that my son was unworthy of the privilege to continue his education at a school in an affluent area?
Now, in the court of law, a discrimination case requires a person to be able to prove someone of another race or protected group was privileged to receive career advancement, career opportunities, education-related privileges, or legal opportunities that he or she was not given. Furthermore, institutional racism towards African American adults and children have been extremely common in schools, as well as corporate environments, especially when outnumbered by other racial or social groups. Both my son and I were in a contract with Baltimore County Public Schools as a student and employee in a federally protected environment. However, we were the minority racial group within our school and work environment.
For your information, providing quantitative data would be useful in a racial intimidation and retaliation case, but statistics such as providing percentages of demographic data will not help your case as much as qualitative data because there are so many other arguments lawyers are trained to combat you with. Therefore, presenting facts and figures will not be enough for you to support your discrimination case. On the other hand, statistics are helpful for the defendant who is discriminating against you because automatically, they will respond with common arguments such as, “a school was overcrowded or hundreds of qualified people applied for the job that you were seeking”.
However, in my case I will present to you some of my qualitative data which can be much more effective in discrimination cases. Qualitative evidence can include written documents, doctor’s evaluations, pictures, videos, website sources, screenshots, and testimonies from people who have experienced the same mistreatment. I would encourage that when you've realize that you are being discriminated against, you must keep great documentation, visual evidence, and have supportive witnesses to prove in the court of law that this was, in fact, a common discriminatory practice within the organization you are seeking justice from.
Please note that I lack the financial resources to hire a high profile civil rights lawyer and I have to act as my own legal representative for my final appeal to the members of Baltimore County’s Board of Education, and their lawyer, Andrew W. Nussbaum, member of Nussbaum Law LLC.
However, I am fortunate enough to have technology as my source for providing you with public evidence, which is video footage after my case was presented to Baltimore County’s Public Schools Student Support Service representatives, EEO Office, the Superintendent’s hearing officer, external hearing officers, the local board of education, the Maryland state board of education, my local EEOC Office, and the Department of Education’s Office of Civil Rights. Yes, I’ve appealed my case over six times to local, state, and federal agencies with responses that showed hardly any remorse for the actual retaliation case, but focused on time constraints in reporting my case which typically range from 60-180 days. So if I would have responded sooner, I could have successfully gained support for my case from local and federal agencies.
Also, during the appeal process, I've received replies from decision makers quoting policies that are often written in a way to execute institutional racism by using legal jargon to exchange subtle messages to each other throughout the legal proceeding process. Thus, if individuals are working together to conspire against you, it is unethical legal code of conduct. Traditionally, legal representatives have been trained to use the power of these political legal codes to defeat most African American people or low income individuals who lack legal knowledge or may not know how to effectively articulate their civil rights to people in power.
For me, this has been very challenging and frustrating, but I didn't give up because I saw other people at my local board meetings receive compromises and I've witnessed the bending of the superintendents’ rules because of the pressure from adamant parents and students using many strategic ways to execute their plan. For example, Baltimore County Schools compromised with the Hereford community due to their social and political pressure. Here is the video.
Now, I do not disagree with concerned parents when they believe a decision is not beneficial for their child or children, however, I am a concerned parent and I have a child whose academic career was interrupted due to racism so why wasn't our case worthy of a formal meeting or compromise? My son was dismissed from his former elementary school which I claimed as a form of racial retaliation due to me speaking out about the discrimination I faced as an employee. Throughout my appeals, I charged the school system with violating my son's civil rights and the federal code 20 UNITED STATES CODE 1703 - DENIAL OF EQUAL EDUCATIONAL OPPORTUNITY PROHIBITED due to deliberate segregation.
Furthermore, in the historical Brown vs Board of Education case of 1954, the Supreme Court concluded that:
"To separate them [children in grade and high schools] from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely to ever be undone."
Next, I would like to share with you a video of my attempt to create a compromise with the school system, inspired by the parents and students of Hereford community. My public comment begins around 21:50. In this video I offer my local board a “Fact and Request” compromise letter on January 28, 2015.
Please note that in the news broadcast above this video, it is reported that Superintendent Dance is willing to compromise and bend the rules. I would like to inform the public that “Bending the Rules” in the court of law is considered arbitrary. Furthermore, in my board of education hearing on March, 11, 2014 for my son’s illegal dismissal, Dr. Dance’s Associate General Counsel, according to our transcript states on page 22, lines 2-5, “Instead, she (Marian Moore) asks the Board to “bend the rules, bend the policy…. make everyone happy” ..........Ms. Moore’s proposed solution is, indeed, arbitrary.”
So if my statement was arbitrary, wasn't the board of education and the superintendent’s decision arbitrary for the Hereford community? As you take a view of the videos and pictures, majority of the people in Hereford community were of a particular racial and social group. So it proves my case that certain racial and social groups are treated differently by receiving special privileges. Further evidence to prove discrimination towards me, an African American woman, is the letter I received after my compromise request, dated February 4, 2015 from the Board of Education’s attorney, Andrew W. Nussbaum of Nussbaum Law, LLC. The letter stated, “Please be advised that I am the attorney for the Board of Education of Baltimore County. The “Fact and Request “document that you presented to the Board at its meeting on January 28, 2015, was reviewed and discussed by the Board. The Board declines your request for a meeting with the Superintendent and a Board Member and does not agree to sign the document that you submitted. The Board considers this matter to be closed.”
Keep in mind that the board of education did not take out the time or effort to address my racial retaliation case with a formal meeting. So did the board and their lawyer, Andrew W. Nussbaum, advise Superintendent Dance to meet with the Hereford community?
If you are going to be bold enough to discriminate or demonstrate racism, you have to be bold enough to have a conversation and be accountable for the decisions that your school system has made. That's like fouling someone in a basketball game intentionally without receiving a technical penalty or if you like football, "Where is the flag on the play?"
I would like to reclaim once again that although I was no longer an employee of Baltimore County Public Schools, I resigned due to discrimination, which is supported by the legal term "constructive discharge". Therefore, my constructive discharge should not affect my son's education if the school system employee's were properly following their equity policy along with their beliefs and values policy. Can a legal representative please clarify Letter G. under the guidelines section written in the Superintendent's Policy 0200 as it relates to our case? My son met all of the requirements for his special permission transfer contract in terms of academics, behavior, and attendance. Using my resignation against me and my son when aware that I filed a written grievance about discrimination with the school system was a form of retaliation, which is unlawful.
Therefore, the following laws were violated by Baltimore County Public Schools and its external legal partners are:
Furthermore, I am protected by the Whistle Blowing Protection Laws so I have the legal right to create this petition to support my request. More importantly, after presenting the state and federal codes to the board of education, I would assume that board members as well as their lawyer, Mr. Nussbaum would want to meet and compromise about my racial retaliation case because the federal statutes above penalties may include the following: “Punishment varies from a fine or imprisonment of up to one year.” Let me add that I believe I could have been more of an asset than a liability to Baltimore County School System if I would have been given a fair meeting and equal opportunity. I have proof in various forms that I made several attempts to remain an employee and make this wrong - RIGHT.
As you will witness by clicking on this link, the group of people from the Hereford community were complaining to Superintendent Dance were mainly Caucasian. Before I go any further, please note that the nature of my topic requires me to compare race because I have to prove legally that my local board of education made a decision that was arbitrary, contrary to sound education policy, illegal or unconstitutional, misconstrues the law, results from an unlawful procedure, or abuse of discretionary powers. The majority of the board of education members are Caucasian and men. Was there racial, gender, or social connection that led to the compromise that was made for the Hereford community? I just want to inform you that there are ten men on Baltimore County's board of education. Is there a lack of gender diversity on this board?
In addition, the unique difference between our cases was that the Hereford community members were making a complaint about the superintendent’s direct decision regarding high school scheduling. On the other hand, in my case, the superintendent’s employees made the initial or direct decision to dismiss my son after I was forced to resign. Consequently, I appealed the initial decision made by my son's former principal, who had discretion to re-enroll him due to his personal grievance, but chose otherwise. Is that arbitrary? Then, I noticed a unique pattern with each of my appeals with Baltimore County School System employees. No one wanted to support my son during his time of mental and emotional grievance. Furthermore, it became an "us against them" situation and I thought school systems were designed to build up the self-esteem of children, not intentionally segregate a child from a place that he considered his home school. Is that leading with love?
So each time I appealed my son's case, it was articulated to me that it was the “superintendent’s decision” to dismiss my child. Please note, the majority of the people who made the decision to reject my appeal for my son to be re-enrolled to his former school were Caucasian. After appealing my case over 5 times, I realized that powerful and privileged employees of a school system, who are either racist or prejudiced, can make unconstitutional decisions and use the law in order to misuse the superintendent's policy if they desire to carry out a vindictive plot toward people of color.
Moreover, my case is a savvy corporate black on black crime conspired by Baltimore County Public Schools employees. Why? Well, because my local superintendent, Dr. Dallas Dance, is an African American man and I am an African American woman. Now, I can tell you with total confidence that the decision to discriminate against me as an employee and consequently, dismiss my child from his former school was not Dr. Dance’s decision. Therefore, this final appeal is against the employees of Baltimore County Public Schools, Baltimore County’s Board of Education, their legal partners, and constituents who supported the effort to conspire against me as well as my innocent son. None of these individuals did not factor in the reputation of the school system or the superintendent, carrying out their malicious conspiracy to victimize an African American family.
My efforts in this final appeal is to not only support me as a former employee of the Baltimore County Public Schools, my son as a student, but the superintendent and leaders who face racial intimidation institutionally executing other people's prejudice agendas. Furthermore, I cannot imagine how victimized Dr. Dance felt not being able to control such a hate crime against an African American employee and student because a social group collectively decided to overpower his decisions as superintendent. On the other hand, I also, understand that his job was on the line if he had tried to override his boss's decision, which is the board of education. What a terrible way to start his tenure as superintendent? How many other cases in which he or any other superintendent is accountable for legally due to people’s personal prejudices and vindictive intentions? Fiscally, these types of discrimination and racial retaliation cases are expensive and I even created my first draft of an education policy urging the public school systems nationwide to develop an effective accountability system for discriminatory acts.
Lastly, my petition support employees, teachers, parents, students, and superintendents nationwide. I believe due to my tireless efforts, that this petition will help decrease the amount of individuals who will be victimized by policies, rules, or laws because of their race, gender, religion, or other protected characteristics. Indeed, we need to have an equal balance between legality and morality in schools, businesses, and the government. Therefore, this petition supports racial and social justice for all, especially in the education system. I hope that this helps anyone who was not aware of their human and civil rights. Please be fearless and if you need to make a complaint within the education system, I hope my petition will assist you with getting started on the right track.
To further get acquainted with my son, here is a web site that I created a year ago for Nigel when I was appealing his case with Baltimore County Public Schools. So please support this petition for us and you! Thank you for your patience and support.
Marian and Nigel Moore
- Secretary of Education
I would like an equal opportunity to meet and discuss my employment discrimination and retaliation case. I would further like to negotiate a fair compromise on my back pay, punitive damages, and grant my son, Nigel Moore, his special permission transfer.
Marian S. Moore started this petition with a single signature, and now has 169 supporters. Start a petition today to change something you care about.