Judge: Avon Education Foundation fired director for bad behavior, not discrimination
INDIANAPOLIS (WISH) — A federal judge ruled Tuesday that a former director of the Avon Education Foundation was fired in 2019 for “unprofessional behavior,” not because she was “discriminated against based on her gender.”
Sara Bender was executive director of the foundation from August 2017 to December 2019, according to court documents. In her lawsuit against the foundation and Avon Community Schools, she claimed the foundation violated the Family Medical Leave Act and discriminated against her based on federal Title VII law.
From the federal court in Indianapolis, Magistrate Judge Tim A. Baker said, according to court filings, Bender had reported trouble in her interactions with Angela Lee, then-president of the foundation.
He also noted that, according to court filings, Bender had referred to people with vulgar slang in communication with a foundation board member, made disparaging comments about the board members, and described her interactions with board members as “amateur hour.”
A letter from the foundation firing Bender, the magistrate judge noted, stated the reason for her firing was “a loss of confidence in you as a result of your unprofessional conduct.”
The magistrate judge said Bender never requested leave under the Family Medical Leave Act, and the foundation is not an employer covered by the act or by Title VII discrimination law. The foundation only has one employee.
Baker noted in a part of his ruling, “A large portion of Defendants’ argument relates to a threshold issue: whether either Defendant was a covered employer under the FMLA or Title VII. As discussed below, the Foundation is entitled to summary judgment because it only has one employee. Thus, it is not a covered employer under the FMLA or Title VII. Whether the School jointly employed Bender is a question of fact, and these facts are enough in dispute to preclude summary judgment on this basis. However, even if the School jointly employed Bender, other uncontested facts demonstrate she did not request FMLA leave, and that Bender was not discriminated against because of her gender. Therefore, Defendants’ motion for summary judgment is granted.”