Virginia Lawyers Weekly

A white woman claiming she was bypassed when a predominately black high school chose a new principal has won a $200,000 reverse discrimination verdict.

A federal jury in Richmond returned the verdict for Pamela K. Hartnett, who sought the position at Brunswick High School in 2006.
Hartnett was one of two assistant principals at the school when Lawrence Whiting, the other assistant principal who is a black male, was appointed to the job.

After the appointment, she was transferred to Brunswick County’s middle school as a teacher. She successfully contended that the transfer to a non-administrative position was a violation of her contract with the school system and became assistant principal of the middle school for that year.

The school superintendent, Dale W. Baird, recommended the appointment of Arthur Jarrett, the black male who was the principal of the middle school when the previous principal retired, but the board rejected the recommendation because of what the school board chairman described as “some personal issues.” The county has only one high school and one middle school.

Hartnett’s attorney, Richmond lawyer James B. Thorsen, said Jarrett and Hartnett were the logical choices for the position because both had been long-term teachers and administrators in the school system. In fact, as far back as 1999, Baird had said he intended to appoint Jarrett as principal of the high school and Hartnett as principal of the middle school when the current principal retired.

However, after the high school principal retired and Hartnett applied for the position, Baird did not interview her and did not present her to the board as a candidate. Thorsen contended the failure to consider Hartnett for the position demonstrated the determination of Baird and the school board, which had a black majority, to appoint an African-American as principal.

The high school was all-white before the system was desegregated in the 1960s, but has become more than 70 percent black as many white families have moved their children to the private Brunswick Academy.

After the board rejected Jarrett, Baird recommended Whiting and the board appointed him as the school’s first black principal. Whiting had less teaching experience than Hartnett, had only two years of administrative experience and had been employed by the school system for only two years.
Hartnett filed suit, alleging the school system had violated Title VII and 42 U.S.C. § 1981 by discriminating against her on the basis of race and sex. U.S. District Judge Henry E. Hudson struck the sex discrimination count during the trial, but allowed the jury to consider the race discrimination counts.

The school system presented testimony that Hartnett was not considered because she lacked the ability to deal effectively with people, especially black people.

Thorsen said the testimony was undercut by testimony from the previous principal, who described Hartnett in glowing terms, and by rebuttal testimony from three black parents, who also spoke positively about her.

Hartnett testified that she suffered from migraine headaches and panic attacks as a result of the system’s treatment of her.
The jury – composed of four white men, two white women and a black man – deliberated for 5 1/2 hours over two days before awarding Hartnett $200,000 on the Title VII claim from both Baird and the school board on Nov. 7. It also returned a verdict against Baird on the § 1981 claim but awarded no damages.

On the jury form, the panel wrote that Hartnett should get her medical expenses and attorneys’ fees in addition to the award.
Hudson gave the attorneys a schedule for post-trial motions and set a hearing for Dec. 15 on Hartnett’s request for front pay, back pay and attorneys’ fees.

Jarrett and Hartnett have both left the Brunswick school system, Thorsen said. Hartnett is now an assistant principal in Southampton County.

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