State College District Addresses Discrimination Lawsuit

A State College school policy decried in a federal lawsuit is a product of the collective-bargaining process, the school district noted Friday.

On Tuesday, attorneys for State College school worker Kerry Wiessmann and her partner, Beth G. Resko, brought the suit against the school district. They have targeted a district benefits policy that keeps workers’ same-sex domestic partners from qualifying for the same benefits made available for opposite-sex domestic partners.

As a result of that policy, according to the complaint, Wiessmann and Resko’s First and 14th Amendment rights — under the U.S. Constitution — are being violated.

The school district has yet to respond officially to the lawsuit, which seeks a change in policy and compensatory damages for the plaintiffs.

But in a statement sent to reporters Friday, district leadership wrote that the schools comply ‘with all federal and state anti-discrimination laws and statutes with regards to protected classes.’

And ‘the practice of providing domestic-partner benefits for opposite-sex couples only is the result of the collective-bargaining process,’ the statement reads. ‘The district is precluded from making changes unilaterally for any member of the (State College Area Education Association) without discussion through this process.’

The statement goes on: ‘When and if this issue raised in this suit is brought to the bargaining table by the association, the district will consider it, just as it considers every other issue that is raised during the collective-bargaining process.’

The full text of the district’s statement is posted below. StateCollege.com will continue to follow and report on developments in this case.

Full text of the school district’s statement:

At this point, the district would like to clarify these points regarding the federal lawsuit filed by a district employee.

The wages, terms and conditions of employment for professional staff are determined by collective bargaining between the Board and the State College Area Educational Association, the exclusive bargaining agent for all its members, including the Plaintiff. The practice of providing domestic partner benefits for opposite sex couples only is the result of the collective bargaining process. The District is precluded from making changes unilaterally for any member of the Association without discussion through this process.

The State College Area School District complies with all federal and state anti-discrimination laws and statutes with regards to protected classes.

When and if this issue raised in this suit is brought to the bargaining table by the Association, the District will consider it, just as it considers every other issue that is raised during the collective bargaining process.

Related coverage

• State College Teachers’ Union Has Sought Same-Gender Partner Benefits, Leader Says (May 24, 2011)
  

• Discrimination Complaint Targets State College School District (May 17, 2011)