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Discrimination against minority educators

Discrimination against minority educators
Decisions of the Commissioner of Education #13994

Fanny Ogbununga, claiming that the Union Free School District of the Tarrytowns had a policy of not appointing minorities to professional positions, appealed to the Commissioner of Education because she had applied, but was not selected, for a social sciences teacher vacancy.

The district had received more than 300 applications for the vacancy and interviewed seven candidates. Ogbununga, an African-American, was not among the seven interviewed. A Hispanic male applicant was appointed to the position. Contending that the district hired only Caucasians for faculty positions, Ogbununga asked the Commissioner to direct that she and her two ?well-qualified? colleagues be given a chance to teach in the District.

After noting a number of procedural reasons for dismissing Ogbununga?s appeal, the Commissioner said that if not for the procedural flaws he still would be compelled to dismiss this appeal ?on the merits.? The allegations of ?perceived discrimination in hiring? encompassed at least five years despite the district?s documented hiring of minority candidates for the 1997-98 school year. He was unimpressed with Ogbununga?s argument that 1997-98 was aberrant and that minority hiring might not continue in the future.

According to the record, 65% of the district?s enrollment was minority students. Also set out in the record was that district had appointed minority applicants to about 25% of the 74 positions it filled since 1994, while almost 50% of the appointees to vacancies filled for 1997-98 school year were minorities.

The Commissioner decided that Ogbununga?s ?historical and future complaints? in her appeal did not provide a basis for ordering ?meaningful relief.? Noting that the burden of proof of the alleged discrimination was on Ogbununga, the Commissioner said that she did not demonstrate that the District pursued discriminatory policies in hiring applicants for teaching positions.

The Commissioner's decision is posted on the Internet at:
http://www.counsel.nysed.gov/Decisions/volume38/d13994.htm

Full post as published by New York Public Personnel Law on September 15, 2009 (boomark / email).