New Mexico Supreme Court Rules Schools Can Be Sued for Discriminatory Conduct Under Human Rights Act

The New Mexico Supreme Court has allowed an anti-discrimination lawsuit against the state's largest school district to proceed. This decision confirms that public schools and universities can face lawsuits for discriminatory actions under the New Mexico Human Rights Act. The case originated in 2018 when a teacher in Albuquerque allegedly cut a Native American student's hair and made an offensive comment to another student during a Halloween class.

The incident involved a 16-year-old Navajo student who was dressed in costume with fake blood on her cheek. This event sparked outrage, leading to legislative efforts in New Mexico and beyond to ban discrimination based on hairstyle and religious headwear. The court highlighted that the state's history of racial discrimination, including within public schools, necessitates strong anti-discrimination protections.

Public Schools as Public Accommodations

The court's ruling affirmed that public schools are considered "public accommodations" under the state's anti-discrimination law. This decision supports a lower court's 2023 ruling. The justices noted that public schools do not limit their services in a way that makes them private. They also pointed out that the state constitution requires public schools to be accessible to all children in New Mexico.

Additionally, the court overturned a 1981 opinion which stated that public universities were not public accommodations concerning how they administered academic programs. This issue was raised during the appeal process. The legal battle began when the American Civil Liberties Union of New Mexico filed a lawsuit against Albuquerque Public Schools and a teacher over allegations of discrimination and creating a hostile learning environment.

Allegations Against Teacher

English teacher Mary Jane Eastin was accused of dressing as "a voodoo witch" for Halloween and initiating a game where students answered questions for rewards. Correct answers earned marshmallows, while incorrect ones received dog food. During this game, Eastin allegedly asked a Native American student about her braids before cutting off about three inches of hair and sprinkling it on her desk.

Eastin also reportedly asked another student, McKenzie Johnson, if she was dressed as a "bloody Indian." Johnson's mother later clarified that her daughter was dressed as Little Red Riding Hood with a red paw mark on her face for Halloween. Johnson expressed feeling unwelcome at school after the incident.

Reactions to Court Ruling

Johnson stated she feels "validated" by the court's decision, emphasizing that no student should face discrimination or disrespect in class. She hopes this serves as a reminder for educators to prioritize cultural sensitivity and create inclusive environments where every student feels valued and respected.

The school district's superintendent apologized publicly at the time and assured parents that Eastin would not return to Cibola High School. Eastin's attorney did not immediately respond to requests for comment on the ruling. The school district expressed disappointment with the ruling, believing it improperly expands existing law and bypasses legislative processes.

The district fears this decision could negatively impact teachers across the state but acknowledged the court's authority, stating, "Nevertheless, the court has made its ruling, and we accept it."