Ferndale Public Schools
provision could violate state and federal laws
The teachers union contract in Ferndale Public Schools in Oakland
County gives "special consideration" to applicants who are of "the
non-Christian faith."
Michigan's Elliott-Larsen Civil Rights Act prohibits discrimination in
employment and public services on the basis of religion. The state
constitution says it, "shall not discriminate against, or grant
preferential treatment to, any individual or group on the basis of
race, sex, color, ethnicity, or national origin in the operation of
public employment, public education, or public contracting." And the
Federal Civil Rights Act prohibits employment discrimination based on
religion.
The contract ran from 2011 to 2012 but was extended to 2017. The
teachers belong to the Ferndale Education Association, a division of
the Michigan Education Association.
Regarding promotion to a vacant position, it states on page 22:
Should there be two (2) or more of these applicants
with equal
qualifications for the position and one (1) or more of these applicants
with equal qualifications is a current employee, the current employee
with the greatest seniority shall be assigned. Special consideration
shall be given to women and/or minority defined as: Native American,
Asian American, Latino, African American and those of the non-Christian
faith. However, in all appointments to vacant positions, the Board's
decision shall be final.
Earlier in the contract is a "no discrimination clause" that states no
employee can be discriminated against based on their religion.
Ferndale Superintendent Gary Meier, Board President Jim O'Donnell, and
MEA UniServ director Troy Scott did not return several requests for
comment.
"This just strikes me as so un-American that they can put in open
language for people to see that they are going to be discriminating
against Christians," said Richard Thompson, president of the Thomas
More Law Center in Ann Arbor. "Why would they be discriminating against
Christians? They are not supposed to be discriminating against people
for their religious beliefs. It's outrageous. And I believe it's
unconstitutional."
Thompson also wondered why a public school district was tracking the
religious beliefs of employees.
"Now, they are going to ask people, 'Are you a Christian?' " Thompson
said. "Are people going to hide their faith so they can get a
promotion? There is a subtle persecution [here] of Christians."
Rana Elmir, deputy director of the American Civil Liberties Union of
Michigan, said she couldn't speak to the specifics highlighted in the
contract "because it comes down to how it is implemented."
"There's nothing wrong with encouraging people from diverse faiths to
apply for a position. In fact, doing so recognizes that our classrooms
and communities are diverse," Elmir said. "However, public schools
themselves should not be in the business of promoting particular
religious beliefs or religious activities over others and they should
protect children from being coerced to accept religious or
anti-religious beliefs."
A spokeswoman from Ferndale Public Schools, who responded after the
story's original posting, said the district does not discriminate when
hiring.
"The district appreciates your bringing this antiquated language to our
attention. The timing is perfect since Ferndale Public Schools just
completed bargaining and, with the advice of our legal counsel and
approval from the district EA (union) representative, this language
will be deleted from new contracts," said Shelley Yorke Rose, a
spokeswoman for the district. "Unfortunately, there are no employees in
the district who have been here long enough to explain the origins of
the language, which we estimate to have been inserted between 1976-79.
"Please note that the district does not discriminate in hiring on the
basis of religion or other related issues," she said.
A recent study from the Mackinac Center for Public Policy showed that
about 60 percent of public school union contracts in Michigan had
illegal provisions. Michigan Capitol Confidential has reported on some
of the most egregious. For example, in 2012, Capitol Confidential
reported on a teachers union contract in Bay City that had provisions
allowing teachers to be drunk and on drugs several times before being
fired.
(Editor's note: This story has been updated since its original posting.
Ferndale Public Schools replied with a comment this afternoon.)
