Teacher fights discipline after DEI training; holds union accountable

After a DEI-style “Identity & Privilege” training, Hartford physical education teacher John Grande was asked for his opinion. He gave it—honestly and professionally. However, he was disciplined because his opinion didn’t align with that of school district officials. And because he wasn’t a union member, his union refused to properly represent him.

After John won an unfair labor practice charge against the union, he filed a federal lawsuit to defend his First Amendment right to free speech from suppression by school officials.

Teacher Targeted for Discipline after ‘Privilege’ Training

In the fall of 2020, John attended a mandatory training on racial and gender “privilege.” During a breakout session, he was asked for his opinion on the training and John expressed disagreement. Months later, the district administration launched an investigation because of his response and issued a written reprimand. The district required him to undergo “sensitivity training” and threatened further discipline—even termination.

Union Illegally Withholds Services

John fought this unwarranted discipline by filing a grievance. He called the Hartford Federation of Teachers (HFT), knowing that per his employment contract, only the union can start the arbitration process. An HFT vice president told him via email that “arbitration is reserved for dues-paying members.” John was trapped and unable to defend himself through arbitration because the union refused to treat him fairly—until he found the Fairness Center.

Teacher Files Charges Against Union

With the help of the Fairness Center, John filed unfair labor practices charges in July of 2022. He argued that Connecticut law required the teachers’ union to fairly represent all members of John’s bargaining unit, without discrimination and regardless of their membership status. However, that principle had never been clearly stated by the Connecticut labor board.

Union Back-Peddles Just before Board Hearing

HFT officials reversed course days before a conference with the state labor board and agreed to represent John in arbitration. But an arbiter refused the union’s request due to a missed filing deadline of more than six months. Union officials’ failure to timely file for arbitration prevented John from having the merits of his grievance heard. It was too late to challenge the discipline he had received.

Ruling Vindicates Teacher, Slams Union’s Behavior

Ultimately, the Connecticut State Board of Labor Relations ruled in John’s favor.

In its decision, the Board found “direct evidence of purposeful discrimination” by the union because of John’s union membership status. They ruled that the union, therefore, illegally withheld services from him.

The Board took the union to task, calling its defense “wholly frivolous”:

“In this case, we think that the Union’s arguments that [the HFT vice president’s] conduct was something other than intentional discrimination based on an unlawful consideration present no debatable issue and are wholly frivolous in light of the undisputed facts in this case.”

They further found that union officials’ discrimination against John “necessarily coerces employees in the exercise of a protected right”—the right to join or not join the union. The ruling also ordered the HFT to stop refusing services to John, to post the decision and ruling for 60 days in a place where employees often assemble, and to pay all of his attorney’s fees with interest.

Teacher’s Victory Expands Rights of Connecticut Public Employees

For the first time, Connecticut has acknowledged that nonmembers must be treated equally to members when it comes to arbitration.

“The Board’s ruling couldn’t be more clear: a public-sector union official cannot use an employee’s membership status as the basis for discrimination,” said Nathan McGrath, president and general counsel for the Fairness Center. “John’s resounding victory solidifies the rights of every Connecticut public employee who chooses not to be a member of a union.”

Reacting to the Board’s ruling, John said, “The state labor board has reached a decision that holds union officials accountable for shirking their legal duty to fairly represent me.” He continued, “In my life and career, I’ve always helped others where and when I can. The fact that my fight has protected the rights of teachers and other public employees is extremely gratifying.”

Teacher Files Lawsuit to Hold School District Officials Accountable

But John’s victory didn’t undo the harm the union had done in blocking his ability to challenge the discipline. So in January 2024, the Fairness Center helped John do what union officials should have done in the first place: challenge the discipline he should never have received. The Fairness Center filed a federal lawsuit. The lawsuit alleges that Hartford school officials violated John’s First Amendment rights in disciplining him for expressing his opinion on the DEI-style training.

John is asking the court to declare school district officials’ behavior unconstitutional under the First Amendment, to rescind the disciplinary letter from his employee file, and to award him compensatory and punitive damages.

“They threatened my career to silence me, but with this lawsuit, I’m leveling the playing field and forcing school officials to answer for trampling my rights.”

Grande v. Hartford Federation of Teachers is closed.

Grande v. Hartford Board of Education is before the U.S. District Court for the District of Connecticut.

Documents

• Complaint against Hartford Federation of Teachers – July 7, 2022
• Arbitration Denial – May 16, 2023
• Connecticut State Labor Board Decision and Ruling – August 23, 2023
• Board Charge Victory News Release – September 7, 2023
• Complaint against Hartford Board of Education – January 4, 2024
• Federal Lawsuit News Release – January 4, 2024

January 5, 2024: “They launched a witch hunt against me and ran a kangaroo court to convict me for exercising my free speech rights. They threatened my career to silence me, but with this lawsuit, I’m leveling the playing field and forcing school officials to answer for trampling my rights.”

January 4, 2024: “In a federal lawsuit, teacher John Grande alleges that Hartford school officials violated his First Amendment rights by fabricating evidence against him, disciplining him, forcing him to undergo ‘sensitivity’ training, and threatening to fire him—all for voicing a skeptical opinion when asked to share his thoughts about a mandatory ‘privilege’ training.”

September 8, 2023: “The state Board of Labor relations ruled in August that the union illegally withheld services from Grande and that union officials’ discrimination against Grande ‘necessarily coerces employees in the exercise of a protected right’ — the right to join or not join the union…”

June 12, 2023: “The Hartford Federation of Teachers (HFT) was denied the ability to arbitrate a grievance over disciplinary action taken against a long-time physical education teacher because they waited six months before filing for arbitration, according to a recent arbitration decision.”

February 2, 2023: “This profession has its share of challenges. Survival requires a thick skin, and the payoff in students’ lives comes years, sometimes even decades, later. But in the last few years, I’ve experienced a different kind of challenge, and it’s forced me to take legal action.”

August 11, 2022: “A Connecticut gym teacher says his school threatened to fire him after he criticized its mandatory diversity training on ‘exploring privilege.’ But when he filed a grievance against the school, the local teachers’ union dismissed the complaint without explanation.”