Schroeder v. Hamilton School District

Tommy Schroeder (plaintiff) taught sixth grade at Templeton Middle School in Hamilton School District (the district) (defendant). Schroeder disclosed that he was gay in a public meeting. During the 1993–94 school year, students began to taunt Schroeder about his homosexuality with crude, cruel comments. Schroeder reported the incidents, and some students were disciplined, but the anonymous harassment was not punished. Schroeder demanded that the district conduct sensitivity training to condemn discrimination against homosexuals. Patty Polczynski, the school’s principal, circulated a memorandum encouraging teachers to discipline students who continued to use inappropriate and offensive race- and gender-related words. Schroeder requested a transfer to Lannon Elementary School, where the harassment continued. In February 1998, Schroeder resigned shortly after having a mental breakdown. Schroeder applied for medical and long-term disability benefits. At the end of the 1998–99 school year, the district terminated Schroeder pursuant to his employment contract. Schroeder filed a 42 U.S.C. § 1983 lawsuit, alleging that the district had violated his equal-protection rights by failing to take effective steps to prevent harassment about Schroeder’s homosexuality by students, parents, and fellow staff. The court granted summary judgment for the district. Schroeder appealed, alleging that the district had discriminated against him because the memorandum failed to address the homophobic comments in the same manner as racist comments; the district failed to conduct annual trainings against sexual-orientation discrimination as it it did for racism and sexism; and the district had policies against racism and sexism but not against sexual-orientation discrimination.