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Moms sue school district for discrimination
Union seeks info on similar cases

at a news conference, nysut president dick iannuzzi introduces, from left, jennifer amorosi, megan carlin and brooke helmes. the women's careers in the south colonie district have been threatened by their choice to start families before receiving tenure.

Nov. 3, 2005

At a news conference, NYSUT President Dick Iannuzzi introduces, from left, Jennifer Amorosi, Megan Carlin and Brooke Helmes. The women's careers in the South Colonie district have been threatened by their choice to start families before receiving tenure.


Three Capital District educators are fighting back against a school district that allegedly believes having children makes an educator less effective at working with children.

"This defies logic," said Joseph Botta, president of the 550-member South Colonie Teachers Association in suburban Albany . "One day they're candidates for teacher of the year, and the next day, a supervisor decides that three great teachers — who happened to take maternity leave — suddenly can't teach."

Botta called a news conference Oct. 12 to announce that two English teachers and a guidance counselor at Colonie High School had filed discrimination charges with the federal Equal Employment Opportunity Commission and initiated a proceeding in state Supreme Court in Albany , alleging they were penalized for taking time off to have children. Two of the women were denied tenure and fired, while one must undergo a fourth probationary year.

English teachers Brooke Helmes and Megan Carlin joined the South Colonie district in July 2002, doing curriculum work over the summer before the school year began. "I got a good feeling when I interviewed at South Colonie and I was very happy to have gotten the job," Helmes said of her three-year probationary track position.

In papers filed on their behalf with EEOC, the two women claim they received "top box" marks, indicating they were "making appropriate progress toward tenure" on all of the classroom observations done before taking a maternity leave.

"For 2 1/2 years, I was continuously commended about what a 'great fit' I was for the school and the community," said Helmes. "Everything was wonderful until I had a baby."

Carlin, who is scheduled to return from maternity leave Nov. 7, experienced similar treatment. "In one month's time, I went from being an 'excellent educator' to getting a 'middle box' evaluation, to not getting my tenure," she said. Like Helmes, the 2004-05 year was to be her final probationary year. Carlin's probationary period has been extended for one year.

Helmes, however, was informed she would not be receiving tenure and was terminated two months after returning from her maternity leave.

Guidance counselor Jennifer Amorosi was denied tenure and fired after becoming pregnant with her second child. "It's affected every facet of my life, my confidence as an educator, my enthusiasm about being in a school," Amorosi said. "I don't regret my decision to have children. The decision that I could not be a professional should not be made for me."

Dick Iannuzzi, president of New York State United Teachers, said the incidents have far-reaching implications. "This is a question of what's right, not just for these women, but for every teacher and every student," he said. "Civil rights, dignity and opportunity for every American are the cornerstones of our public education system."

A disturbing issue, Botta said, is the pattern of discrimination that has emerged in the district. "It's more than just these three teachers. There are five teachers who have had evaluations that were good or superior until they came back from maternity leave and all of a sudden they are shown as not being up to the job," Botta said. "You can't convince me that having a child turns you into a poor teacher."

Since being terminated last December, Amorosi has had a difficult time finding comparable work. Helmes has applied to a dozen districts and received no calls back. She is still unemployed. "Being denied tenure is a real mark on their records," said Michael Conway, the Albany attorney representing the three women.

As for Helmes, she just wants the opportunity to practice her chosen profession.

"I loved my job. I took pride in my job and I thought I did it well," she said. "I just want to do my job."

NYSUT has alerted its local leaders statewide to be on the lookout for other instances of this type of discrimination. "Any employer who punishes an employee for starting a family must be held accountable," Iannuzzi said.

— Clarisse Butler Banks

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