She doesn’t get any front pay for her claim of retaliation, but Angelica Hale winds up with over $64,000 in back pay and other expenses in her lawsuit against Emporia State University.
On Thursday, US District Judge Daniel Crabtree approved $42,000 in back pay, nearly $3,600 in retirement benefits, almost $2,800 in tuition assistance and a prejudgment interest amount of nearly $16,000. The back pay reflects a period shortly after her resignation from ESU in July 2015 to when her husband Melvin, at the time a professor in the School of Library and Information Management, left the university in May 2016 after being told his contract would not be renewed. It also represents roughly nine months of pay given her projected salary of $56,000 a year had she been hired for a marketing coordinator position that was discussed but ultimately went unposted.
Crabtree denied front pay for Hale, saying the back pay was sufficient under Title VII of the Civil Rights Act of 1964 to make Hale’s situation whole.
Crabtree’s ruling followed a two-day bench trial in January 2019 that resulted in Hale victorious against ESU. At the time, Crabtree said Emporia State’s decision not to renew Hale’s temporary employment and its decision not to choose her for a full-time position were retaliatory moves for Hale reporting a racial slur on a notebook found in April 2015.
Like her husband, Angelica Hale was an employee in the SLIM Department when the racial slur was discovered. Melvin Hale reported the incident to former dean Gwen Alexander, and later the couple presented their concerns to Provost David Cordle. The Hales also filed a hate crime complaint to ESU Police and Safety, but the department concluded there was no crime.
As this was developing, Angelica Hale was nearing the end of her third temporary appointment as a recruiting coordinator, and federal court documents indicate ESU at one time planned to hire Hale for a marketing position. Instead, ESU decided not to offer her a fourth appointment or the marketing job and she resigned shortly after that decision.
Both Hales filed separate $10 million lawsuits against ESU in 2016. Melvin Hale’s lawsuit was dismissed last year. When the ruling was announced on Angelica Hale’s lawsuit, Crabtree announced an award of $1 plus court costs because the court lacked evidence for appropriate relief at that time. Hale was allowed a chance to offer evidence on why she deserved front or back pay.
Emporia State has issued a statement, saying it appreciates “the time and energy invested by the judge, legal teams and all parties on this case.” ESU says it is studying the judgment and evaluating its options moving forward, and it says it is committed to creating a welcoming environment for students, faculty and staff.
