Douglas County School District asks judge to dismiss religious discrimination suit brought by former staffer
The ex-high school administrator suing Douglas County School District for religious discrimination was accused by co-workers of making racist and sexist comments, allegations that the district discovered after it opened an investigation into the administrator because of a series of emails he’d sent expressing religious concern about a play that grapples with the aftermath of a homophobic murder.
Corey McNellis, who was an assistant principal and coach at Parker’s Ponderosa High School until two years ago, filed a lawsuit against the Douglas County School District in early July.
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He alleged that the district had fired him because of concerns he’d expressed about the high school putting on “The Laramie Project,” a play that follows the murder of Matthew Shepard, a gay Wyoming man. McNellis accused the district of discriminating against him because of his Christian views, which he expressed as part of his concerns about the play.
In its first formal response to the lawsuit filed Tuesday, the district asked a federal judge to dismiss the suit. The district’s attorneys said McNellis’ speech isn’t protected by the First Amendment because he was speaking as a public employee and that he provided no evidence that he was treated differently than other staff or was fired because of his religious beliefs.
McNellis did not respond to a request for comment sent Wednesday morning. A school district spokeswoman said she would reach out to the district’s attorneys to see if they’d like to comment on their filing.
McNellis was terminated in fall 2020, after he replied to an October email sent by Ponderosa High School’s theater director about the play. McNellis first asked what recourse he had if he disagreed with the play as a parent and employee.
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In his lawsuit, McNellis provided parts of the email exchange but did not provide all of his or other staffers’ messages. The district, in its request that the suit be dismissed, released the broader exchange. It also released McNellis’ termination letter, which details the allegations and findings against him.
After other staff members sent emails expressing support for the play, McNellis replied three more times. In one, after another teacher offered to help provide a “social studies perspective,” McNellis said he would like to collaborate “as a christian” and told the theater director to let him know how “the love that Jesus can provide will help your play.” He replied later to say that no other administrators agreed with his concerns.
The next morning, after more replies supporting the play were sent by other staff members, McNellis replied a final time, asking the staff to “forgive me for having a different viewpoint and the audacity to publicly share it.”
The email exchange took place on a Friday, with McNellis’ last email coming the following morning. In his lawsuit, McNellis said he was then told to stay home Monday. The district then launched an investigation, met with McNellis and finally issued him a letter on Nov. 3, 2020, informing him that he was terminated.
In that letter, the district’s human resources director, Cathy Franklin — who is named in the lawsuit — told McNellis that “numerous” staff members at the high school felt McNellis’ emails were unprofessional and showed a bias against LGBT students and staff.
Staff also came forward, Franklin wrote, to accuse McNellis of making “sexist and racist comments in the past.” They also alleged he had “attempted to change student grades, failed to follow mandatory District safety practices with regard to COVID-19, and promoted an educational environment that favored some students and staff over others.”
The district had determined it was “more likely than not” that those allegations were true, Franklin wrote, and that McNellis couldn’t return to the school as an assistant principal because of the “disruption, distress and mistrust” his actions had caused.
In his lawsuit, McNellis accused the district of violating his First Amendment rights and of discriminating against him because of his religious beliefs. He said one staff member had come forward to accuse him of being in a “good ole boys club” at the school but other alleged members of that club were not targeted and faced no repercussions.
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In their request to have the lawsuit dismissed, the district’s attorneys wrote that, because McNellis was speaking as a public employee, his speech was not protected from repercussions. They said he had been informed of the charges against him and been given a chance to respond — negating, they alleged, his allegations that he had not been given due process during his firing.
Finally, the district wrote that McNellis had provided no evidence that his religious beliefs were the basis of his firing.