Gaut

BACKGROUND

In the midst of a heated contract dispute between unionized teachers and their school district, the district “reconstituted”—that is, transferred to other schools—some 42 teachers, including the four plaintiffs in this case, Joan Gaut, Stephanie Cobb, Kenneth Manuel, and Joy McAllister. Plaintiffs were outspoken in the contract dispute and claim the transfers were “a phony stunt, done primarily to demoralize the teachers and dissipate

1 their willingness to continue their contract dispute.” Plaintiffs further contend they, and the others, were selected for transfer because they were over 40 years old—“younger, less experienced teachers with less seniority were not chosen for reconstitution.” In December 2009, plaintiffs sued the district and four of its administrators, Woodraw Carter, Kim Carmichael, Edyie Santomieri, and Gloria Bandy, in the United States District Court for the Eastern District of California. The complaint in that case alleged “employment discrimination, retaliation, and harassment” in violation of the federal Age Discrimination in Employment Act of 1967 (ADEA; 29 U.S.C. § 621 et seq.) (first cause of action) and California’s FEHA (second cause of…