School Superintendent's Executive Secretary Fell Within Title VII’s "Personal Staff" Exception
Venissa Saddler met Valmadge Towner in the 1990s. Beginning in 1997, the two began a lengthy sexual relationship, which ended, according to Saddler, in 2003. Towner was elected Superintendent of Quitman County School District (QCSD) in 2003, and his term in office commenced in January 2004. Towner created an executive secretary position and recruited Saddler to fill it.
The events leading to this lawsuit revolve around Saddler's allegation that Towner engaged in a pattern of sexual harassment directed at her, harassment that began shortly after she started her job. Events culminated during the morning of September 15, 2005, when Saddler alleges that Towner raped her in his office.
Following the alleged assault, Saddler took a long medical leave of absence, returning to work in May 2006. She did not return to her position as Towner's executive secretary; rather, she was transferred to a job in an elementary school. Defendants explained that it would be better for all of the parties to separate Saddler and Towner when she returned to work, to minimize any contact between the two. The transfer did not result in a reduction in her pay or benefits. In contrast, Saddler says that the transfer was a retaliatory demotion for her having reported the sexual assault and harassment.
Saddler filed suit against QCSD, alleging sexual harassment and retaliation claims under Title VII. The district court granted QCSD's motion for summary judgment. The court ruled that Title VII's “personal staff” exception applied to Saddler, and therefore she was not an employee under Title VII. On appeal, the 5th Circuit affirmed, holding that although Saddler shared an office with other employees and was employed by the school district instead of being on the superintendent's personal payroll, the superintendent had de facto power to appoint and remove her. For this reason, she qualified as "personal staff" and could not sue the school district for sexual harassment or retaliation under Title VII.
Saddler v. Quitman County School Dist.
The 5th Circuit Court of Appeals’ jurisdiction includes Louisiana, Texas and Mississippi.