Vivian Geraghty vs. Jackson Local School District Board Of Education et al

Case Background

On December 12, 2022, Plaintiff Vivian Geraghty filed a civil rights lawsuit in the United States District Court, Northern District of Ohio, Eastern Division (Case number: 5:22cv2237). Judge Pamela A. Barker presided over this case, which centers around religious freedom and the use of preferred pronouns. Geraghty alleges that the Jackson Local School District violated her constitutional rights by compelling her to use students’ preferred pronouns, contrary to her religious beliefs.

Cause

Vivian Geraghty, an experienced English teacher at Jackson Memorial Middle School in Canton, Ohio, faced a career-defining conflict in August 2022. The Jackson Local School District implemented a policy mandating teachers to participate in the “social transition” of students by addressing them using names and pronouns consistent with their gender identity instead of their biological sex. Two students requested that Geraghty address them by new names and pronouns aligned with their gender identity. Geraghty, guided by her Christian faith and her understanding of human identity, could not comply with this social transition policy.

She approached Principal Kacy Carter to discuss her concerns and seek a solution that would allow her to maintain her professional responsibilities without violating her religious beliefs. Carter initially appeared uncertain about her obligations under the policy and promised to review the matter. However, less than two hours later, Carter and Director Monica Myers summoned Geraghty to a meeting. They demanded that she either comply with the policy or resign immediately. Geraghty explained that complying would force her to violate her religious convictions, but Carter and Myers insisted that she set aside her beliefs as a condition of her employment.

When Geraghty refused to compromise her conscience, the administrators handed her a laptop and instructed her to draft a resignation letter on the spot. They made it clear that failing to resign would result in termination. Feeling cornered and without viable alternatives, Geraghty submitted her resignation. By 11:30 a.m. that day, school staff escorted her off the premises.

Injuries

Geraghty suffered significant personal and professional harm as a direct result of her forced resignation. The abrupt termination deprived her of her livelihood, plunging her into financial instability. Her professional reputation was also tarnished, as the circumstances of her departure became part of her employment history, making it exceedingly difficult to secure a new teaching position in Ohio.

Beyond the tangible consequences, Geraghty endured severe emotional distress. The school’s actions forced her to choose between her religious beliefs and her job, leaving her in a state of psychological turmoil. Her faith, which guided her professional ethics, became the target of administrative scrutiny and hostility, exacerbating her sense of alienation. The Defendants’ actions left her emotionally shaken and spiritually harmed, as they disregarded her sincere attempts to reconcile her beliefs with her responsibilities as a teacher.

Damages

The damages Geraghty suffered were extensive and multi-faceted. Financially, the loss of her teaching position cut off her primary source of income. This jeopardized her ability to meet financial obligations. Additionally, Ohio law requires school boards to review a teacher’s professional record. The forced resignation was now part of her record, creating a significant barrier for her to reenter the teaching profession.

Emotionally, Geraghty experienced ongoing trauma from the ordeal. The swift and dismissive manner in which the administrators forced her out underscored a disregard for her rights. This left her feeling devalued. The harm to her professional reputation compounded her distress. She was unable to continue her career in the field she loved.

Geraghty now sought compensatory damages to recover her lost wages. She also sought punitive damages to address the Defendants’ reckless disregard for her constitutional rights. Additionally, she sought declaratory relief to prevent similar harm to others in the future.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Vivian Geraghty
    • Counsel for Plaintiff: David A. Cortman | Mathew W. Hoffmann | Paul L. Spena | Tyson C. Langhofer | Matthew J. Burkhart
  • Defendant(s): Jackson Local School District Board of Education | Christopher DiLoreto, Superintendent of Jackson Local School District, in his official capacity | Monica Myers, Director of Curriculum, Instruction and Assessment at Jackson Local School District, in her official capacity | Kacy Carter, Principal of Jackson Memorial Middle School, in his official capacity
    • Counsel for Defendants: Lee E. Plakas | David L. Dingwell | Kristen S. Moore

Claims

  1. Violation of First Amendment Rights: The Defendants retaliated against Geraghty for expressing her religious objections to the policy. Their actions also compelled her to engage in speech that contradicted her deeply held beliefs, infringing on her freedom of speech and religion.
  2. Breach of Fourteenth Amendment Protections: The school’s policy was vague and overbroad, leaving Geraghty without clear guidance on her obligations. The lack of a neutral or consistent standard violated her right to due process.
  3. Violation of Ohio Constitutional Rights: Geraghty argued that the policy substantially burdened her free exercise of religion. By forcing her resignation, the Defendants prioritized the policy over her constitutional protections.
  4. Constructive Discharge: The Defendants’ ultimatum left Geraghty with no option but to resign, constituting an unlawful termination under employment law.

 Defense

The Defendants, Jackson Local School District Board of Education, Christopher DiLoreto, Monica Myers, and Kacy Carter, defended their actions by asserting that they complied with applicable laws and acted in the best interest of their students. They emphasized their duty under Title IX, which prohibits discrimination based on gender identity or sexual orientation. They argued that they requested educators to honor students’ preferred names to foster an inclusive, harassment-free environment, which was crucial after a tragic history of student suicides in the district.

The Defendants denied compelling the Plaintiff to violate her religious beliefs, claiming they merely asked her to respect students’ requests regarding names, a standard practice unrelated to any social transition policy. They highlighted that other employees with various religious backgrounds complied without objection. Moreover, they contended that the Plaintiff resigned voluntarily after refusing proposed compromises, such as avoiding pronouns or using last names. The Defendants noted that they provided the Plaintiff over three weeks to reconsider her decision. She had the opportunity to consult with union representatives or rescind her resignation. However, she chose to maintain her position.

Additionally, the Defendants further argued that accommodating the Plaintiff’s refusal would have caused undue hardship. They claimed it would have disrupted their mission to provide a safe, welcoming educational environment for all students. The Defendants denied claims of retaliation or compelled speech. They asserted that their policies were neutral, legally compliant, and designed to protect students from discrimination.

Settlement

On December 10, 2024, Jackson Local School District agreed to settle with Vivian Geraghty, a former middle school English teacher, who alleged she was forced to resign for refusing to use students’ preferred pronouns due to her religious beliefs. The school district agreed to pay Geraghty $450,000, which included damages and attorneys’ fees.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com