Esther M. Padway v. Peter G. Palches

Appeal from a summary judgment for defendants in an action for sex discrimination in the payment, reassignment and discharge of a school principal. We reverse in part and remand.

I. The Nature of the Action.

Esther M. Padway was principal of an elementary school, hired by the Mill Valley California School District on July 1, 1973. On February 20, 1978, the District’s Board of Trustees met in executive session and unanimously voted to reassign Padway and another principal to teaching duties. On March 13, 1978, the superintendent of schools of the district, Peter Palches, recommended to the Board that it give notice of termination to Padway and eight other teachers because of a shortage of money. The Board voted to do this and sent notices on the next day. The nine teachers requested a hearing before an administrative law judge. On May 3, 1978, he determined that there had been cause to dismiss Pad-way and seven of the other eight. He found they had less seniority than other employees.

Padway claimed that her reassignment and termination were the result of sex discrimination and brought this action against the superintendent, the five members of the Board of Trustees in both…