After a jury was unable to reach a verdict last week in a massive equal pay lawsuit brought against the Central Bucks School District, federal Judge Michael M. Baylson decertified the plaintiffs’ class action.
The lawsuit alleged about 320 female teachers were underpaid by the district, which is the third largest in the state. The women claimed gender discrimination, alleging the district paid them less than comparable male teachers.
Previous attempts to settle the lawsuit involved amounts in excess of $100 million, a sum administration officials say the district cannot afford.
Neither the plaintiffs’ lawyer, Ed Mazurek, nor attorney Mike Levin, who represented the district, responded to requests for comment.
The school district, however, issued two statements.
“The plaintiffs alleged the district had violated the Equal Pay Act (EPA). According to the EPA, plaintiffs can prove discrimination if employees who are similarly situated (i.e., their work requires the same effort, skill, and responsibility) are compensated differently based on their gender.
“Today, the court issued an order decertifying the collective action suit, citing that the jury was unable to come to a unanimous verdict and that it was clear that all plaintiffs are not similarly situated. The order also states that individual plaintiffs may initiate their own lawsuits if they believe that they can prove that their claims are not barred by the statute of limitations.
“We reiterate our commitment to refining and enhancing our hiring practices, just as we seek to continually improve in all areas of operations. We also once again wish to underscore how much we value and respect all of our employees,” the statement said.
It was signed by school board President Karen Smith, Vice President Mariam Mahmud, and members Rob Dugger, Dana Foley, Susan Gibson, Jim Pepper, Heather Reynolds, and Jenine Zdanowicz.
In a July 30 statement after the hung jury, the district said it wished “to express how greatly we value and respect the more than 3,000 teachers, staff members and administrators who educate and care for the approximately 17,000 students across our 23 schools. Their work is essential to developing and sustaining the excellent educational and extracurricular experience we strive to provide at CBSD, and we are immensely grateful for their dedication to our students and schools.”
The class action lawsuit became a political football in the 2023 school board election, where the Democrats wrested control of the district from a Republican-majority board. Two of the Republicans members resigned from the board in February, leaving Pepper as the sole GOP member.
Board Member Rick Haring, one of the newly-elected Democrats and husband of one of the litigants, Rebecca Cartee-Haring, did not sign the district’s messages. In a previous email, Cartee-Haring decried the board’s decision not to settle the case in January after “many of us worked diligently to support all of you candidates. We supported you because you said you were running on compassion and common sense.”
Asked about the case on Monday, Cartee-Haring said, “A hung jury does not mean there was no evidence of discrimination. In fact, the jury was 6-2 on whether or not the plaintiffs met their burden of the preponderance of the evidence proving discrimination on the basis of sex.”
“The lawsuit for me and Dawn [Marinello] is still pending a motion for directed verdict for the plaintiffs and is able to be retried after the judge rules on that motion, which he has not done yet. [There is] no need to refile. [The] judge will schedule a new trial.”
Please follow DVJournal on social media: X@DVJournal or Facebook.com/DelawareValleyJournal
