Teacher Discrimination Lawsuit (CBA) | Lieb at Law, P.C. | New York Education Employment Attorneys
New York Teacher Rights • Discrimination • CBA

Teachers: How to Sue a School District for Discrimination Under a CBA

Covered by a collective bargaining agreement? Learn how waivers, grievances, notices, and filing deadlines interact with your rights under the NYSHRL, Title VII, ADA, and ADEA.

Case Evaluation 646-216-8009

Step-by-Step Roadmap for Teachers Covered by a CBA

1
Review the CBA for a “clear and unmistakable” waiver of your right to bring claims in court.
2
If a valid waiver exists, exhaust grievance or arbitration remedies under the CBA first.
3
If no waiver exists—or urgent relief is needed— include duty of fair representation (DFR) and breach of contract causes of action when filing suit.
4
Check whether the CBA waives Education Law §3813 notice of claim requirements for state law claims.
5
If not waived, serve a notice of claim within 90 days on the Board of Education or trustees for state-law claims.
6
Offer and schedule a General Municipal Law §50-h Examination of Claims.
7
Verify the CBA doesn’t shorten the statute of limitations or add conditions precedent (e.g., a cooling-off period).
8
Offer to adjust (settle) the claim where appropriate and document efforts.
9
File suit within one year and ninety days of the discrimination even if other discrimination statutes allow more time.
Heads-up: Federal discrimination claims (Title VII, ADA, ADEA) follow separate administrative timelines (EEOC/NYDHR). This page is educational, not legal advice.

Do I Have a Case?

Teachers can file discrimination or retaliation claims under New York’s Human Rights Law (NYSHRL), Title VII, the ADA, and the ADEA. While a CBA may dictate procedure, it does not erase your statutory rights to equal treatment and protection from retaliation.

Learn more: Education Discrimination, Workplace Discrimination, and Employment (Employees).

Why Lieb at Law

  • Education & employment litigation across New York
  • Coordination of CBA processes with litigation strategy
  • Deadline precision: §3813 notices, GML §50-h, filing windows
  • Clear client communication and case planning

Teacher Evidence Checklist

Documents

  • Your CBA, union handbook, and grievance steps
  • Evaluations, observations, disciplinary letters (e.g., U ratings, 3020-a)
  • Accommodation requests & HR communications
  • Emails/texts/letters showing bias or retaliation
  • A dated timeline of incidents and complaints

People & Proof

  • Witnesses (colleagues, staff)
  • Comparators treated more favorably
  • Union grievance filings and outcomes
  • Proof of damages: lost pay, benefits, medical costs
  • Policy deviations or paper trails post-complaint

FAQ: School District Discrimination & CBAs

Do I still need a notice of claim?

Usually yes. Unless your CBA explicitly waives Education Law §3813, you must serve a notice within 90 days for state-law claims. Federal claims follow separate timelines.

What is a DFR claim?

“Duty of fair representation.” You may allege this in your notice of claim and lawsuit when a union acts arbitrarily, discriminatorily, or in bad faith in handling grievances or arbitration.

How fast must I act?

Municipal deadlines can require filing within one year and ninety days—even when discrimination statutes allow longer. Move quickly to preserve claims.

Case Evaluation

If you believe your district or union has discriminated or retaliated against you, connect with an attorney experienced in education and employment law.

Contact Us Call 646-216-8009

What Happens Next

  • Deadline analysis: §3813 notice and one year + 90 days filing limit
  • CBA waiver & grievance procedure review
  • Evidence collection & timeline building
  • Settlement posture vs. litigation strategy
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