Black woman’s hair was called ‘unprofessional.’ NC judge says it’s not discrimination
A judge in North Carolina conceded that a petition referring to a black woman’s natural hair as “unprofessional” was objectionable behavior by her colleagues in the school district.
But it wasn’t discrimination, he said.
Kimberly Tigner had sued Charlotte-Mecklenburg Schools over “racially motivated criticism and bullying” she allegedly experienced starting in 2015 as a career development liaison for the Career and Technical Education Department.
Judge Robert J. Conrad Jr. partially dismissed those claims in an order Wednesday, finding the petition was “inappropriate and offensive” but did not “satisfy the demanding severe or pervasive standard required to state a claim for hostile work environment.”
Tigner’s suit alleging discrimination and retaliation made its way onto a docket in the Western District of North Carolina late last year.
According to the complaint, the supervisor who allegedly circulated the petition claimed to have “black friends, so it was okay for her to say what she did.”
That same supervisor reportedly felt threatened by Tigner’s 17-year-old son, who dropped by the office in 2016. She then used the district’s internal directory to see whether he had a criminal record, the complaint states.
When the department head became involved, according to the suit, Tigner’s son was banned from CMS property for two weeks while she proved he was not a felon.
Tigner was allegedly reprimanded for complaining, so she tried to find a job somewhere else. But she was passed over for all five positions, the complaint states.
Attorneys for CMS had argued in response that the complaint failed to point to an official policy or practice of racial discrimination.
“Courts have rejected claims of racial harassment based on conduct far more egregious than what Plaintiff has alleged in this case,” the school district’s motion to dismiss states.
The judge agreed in part on Wednesday, finding the coworkers’ actions might have been objectionable — but they weren’t actionable under the law.
Instead, he allowed only Tigner’s claims of retaliation to move forward.
A representative for CMS and counsel for Tigner declined to comment Friday. Counsel for the district did not respond to McClatchy news group’s request for comment.
Court documents show Tigner’s attorney asked to withdraw as her counsel Oct. 15.
