Legal Question in Discrimination Law in Nebraska
Teacher fired for D.U.I.
Is it discrimination to be fired from a teaching position soley based on the fact that I recieved a DUI. No where in the contract agreement, or in the teachers handbook does it have any stipulations. The superintendent had two DUI offenses and was not let go and several other faculty members have also been sentenced. They felt because I was younger and closer to the students that I had to up hold my role as a role model. If the charges could have been reduced to a reckless than I would have been able to stay but not if it remained a DUI charge. Confused with why they chose to fire me and not the superintendent I would greatly appreciate an answer.
1 Answer from Attorneys
Re: Teacher fired for D.U.I.
There is no protection for persons convicted of traffic offenses or crimes as such. However, if you were dismissed while others similarly situated were not and those persons received their more favorable treatment because of race, religion, gender, national origin, or handicap there may be a case for discrimination.
A major problem here will be the terms of your employment contract and whether or not you have a vested interest in its renewal. This involves questions of collective barganing, tenure, probationary status, professional licensing etc. You should also be aware that age discrimination statutes are aimed at discrimination against older workers, not younger ones.
Consult an attorney, either one of your own choosing or one associated with the NSEA or your local barganing unit to explore this further. Also be aware that discrimination actions have very short statutes of limitation. Do not delay, you need to file a complaint within 300 days of the triggering event generally.
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