CA Teacher Fired for Refusing to Use Preferred Pronouns; Wins Big in Lawsuit

A California school district has settled a lawsuit with a teacher who says
she was fired over her religious beliefs after she refused to use students'
preferred pronouns, attorneys say.

The Jurupa Unified School District in Riverside County agreed to pay
$360,000 to Jessica Tapia, her attorneys at Advocates for Faith & Freedom
said in a May 14 news release.

The settlement closes a federal lawsuit Tapia filed last May that alleged
the district's decision to fire Tapia violated her civil and 1st Amendment
rights, according to the lawsuit.

The alleged violations in part stemmed from her refusal to call students by
their preferred pronouns, along with her concern about not revealing
students' gender identities to parents, the lawsuit says.

"Today's settlement serves as a reminder that religious freedom is
protected, no matter your career,"Julianne Fleischer, one of Tapia's
attorneys, said in the release.

While the district approved the settlement Monday, May 13, it "has not
admitted any fault or wrongdoing against Ms. Tapia," Jacqueline Paul, a
spokesperson for the district, said in an emailed statement to McClatchy
News.

"The decision to settle this case was made in conjunction with the
District's self-insurance authority and in the best interest of the
students, such that the District can continue to dedicate all of its
resources and efforts to educate and support its student population
regardless of their protected class," Paul said.

Tapia worked at the district since 2014, most recently as a physical
education teacher at Jurupa Valley High School, the lawsuit says.

Days before the end of the 2021-2022 school year, the lawsuit says Tapia
was put on administrative leave after posts on her personal Instagram
account were brought to the District's attention.

"The District claimed Ms. Tapia's social media posts were racist,
offensive, disrespectful, and mocking towards individuals based upon their
sexual orientation," the lawsuit says.

[How exactly can one be racist toward someone based on their sexual
orientation?]

The district went on to accuse Tapia of "proselytizing during P.E. class,"
as well as refusing to call students by their preferred pronouns, the suit
says.

In late September 2022, the lawsuit says Tapia received a "Notice of
Unprofessional Conduct", wherein the district listed directives she must
follow in order to keep her job. Along with using students' preferred
pronouns, this included allowing students to use the bathroom that matches
with their gender identity and not discussing the Bible with her students,
according to the lawsuit.

Subsequently, the lawsuit says Tapia took a medical leave of absence
through December 2022.

"The Directives caused Ms. Tapia to suffer severe mental and emotional
anguish because she was torn between agreeing to conditions that caused her
to violate her religious beliefs or losing the job she worked her entire
life for," the lawsuit says.

Tapia responded with a letter in December 2022, citing specific directives
she could not follow, as she said they went against her Christian faith,
documents show.

Among those Tapia cited was the requirement to refer to students by their
preferred pronouns.

"The lies and confusion that children are fed in terms of 'you aren’t who
you were created to be' is based in evil and I will not take part in that,"
Tapia wrote. "I believe that God created male and female."

Tapia also said she could not follow school policy to not inform parents'
students of their gender identities, the letter shows.

Upon her return in January 2023, the lawsuit says she sent the district
another letter, requesting potential accommodations, which included
"calling students by the name listed on the school roster" or a transfer to
a different school or position within the district where she did not need
to interact with students.

The district responded, saying it could not accommodate Tapia's requests
"without violating California and federal law, 'aimed at protecting
students and providing all students a discrimination and harassment free
learning environment,'" and she was later fired, the lawsuit says.

Tapia's attorney, Fleischer, commended her efforts to ensure "her school
district was held accountable and that no other teacher has to succumb to
this type of discrimination," Fleischer said, per the release.

"What happened to me can happen to anybody, and I want the next teacher to
know that it is worth it to take a stand for what is right,"Tapia said in
the release.

Paul said the settlement, which precludes her from seeking future
employment with the district, is not a win for Ms. Tapia but is in
compromise of a disputed claim.

"The settlement certainly does not state or prove any illegal action or
discrimination by the District," Paul said.

A June 2022 report from the UCLA School of Law's Williams Institute found
that an estimated 1.4% of 13- to 17-year-olds identified as transgender.