South Bend schools settles age discrimination claim for $6,000

SOUTH BEND — The South Bend Community School Corp. recently paid a former employee $6,000 to drop a federal age-discrimination suit she filed in 2018.

The settlement agreement, approved by the school board, comes after Tamilla Stayton filed a federal lawsuit in June 2018 with the U.S. District Court of Northern Indiana against the school corporation.

Stayton, 54, was hired by the district in 1999 and worked as a secretary to the director of transportation and then as an attendance secretary.

While working for the transportation department in February 2017, she complained to district officials about the “discriminatory practice of paying female bus drivers less than male bus drivers,” according to the lawsuit.

Rene Sanchez, SBCSC’s chief operations officer and director of transportation, refuted that this week, saying bus drivers are part of the AFSCME union and have negotiated, set hourly wages that start between $19 to $21 per hour.

Pay is not based on gender, Sanchez said. Seniority, or how long the bus driver has worked for the South Bend district, can impact pay increases, he said, adding that “19 out of the 20 most-senior drivers are females.”

In December 2017, Stayton was informed that then-director of operation services, Katherine Turk, 33, “wanted Stayton to resign or be terminated,” the lawsuit further alleges. Turk stated the reason for wanting Stayton to be fired was because of an unpaid invoice, which Stayton claims she never received.

Stayton was then transferred to an attendance secretary position at Brown Intermediate School and claims the transfer was “a functional demotion and pay cut, because the attendance secretary position lasted only 10 months out of the year, and the secretary to the director of transportation was a 12 month position,” the lawsuit alleges.

The following school year, Stayton was transferred again to an attendance secretary position at Jefferson Traditional Middle School.

On April 23, 2019, Stayton was informed that she was being terminated from her position at Jefferson, “but was given the opportunity to resign in lieu of termination,” the lawsuit alleges, which she did.

Stayton sued the school corporation claiming she was discriminated against based on her age and that she faced retaliation as a result of her complaints.

The lawsuit asked for Stayton to receive lost wages and other employment benefits, in addition to punitive damages and payment of attorneys’ fees. It also required SBCSC to give Stayton “her prior position, salary and seniority.”

During its Dec. 2 meeting, the South Bend school board approved a settlement with Stayton, ultimately dissolving the lawsuit.

In the agreement, SBCSC fully denied Stayton’s allegations and required that she not apply for any other position with the district.

Stayton’s attorney, Samuel Adams of Indianapolis-based John H. Haskin & Associates, told The Tribune that because of a confidentiality agreement, he “cannot comment on the case other than to confirm that the matter has been resolved.”