Latest Case: Lemon v. Williamson County Schools (Education Law)

Remembering Deborah Rhode: Co-Author, Friend, and Feminist Co-Conspirator

JOANNA L. GROSSMAN, KATHARINE BARTLETT, DEBORAH L. BRAKE

SMU Dedman School of Law professor Joanna L. Grossman, Duke Law professor Katharine T. Bartlett, and Pitt Law professor Deborah L. Brake reflect on the life and achievements of Professor Deborah Rhode, who recently passed away. Professors Grossman, Bartlett, and Brake describe Professor Rhode’s countless contributions to the legal academy and to the fight for gender equity.

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Lemon v. Williamson County Schools

Docket: M2018-01878-SC-R11-CV

Opinion Date: January 7, 2021

Judge: Kirby

Areas of Law: Education Law, Labor & Employment Law, Personal Injury

The Supreme Court held that a claim for wrongful termination of employment could not be asserted under the Teacher Tenure Act, Tenn. Code Ann. 49-5-501 to -515, by classifying a tenured teacher's resignation as a constructive discharge rather than a voluntary quit. After Plaintiff, a tenured teacher, quit her teaching position she sued for wrongful termination under the Teacher Tenure Act, alleging that she was constructively discharged. The amended complaint also asserted other claims. The trial court granted summary judgment against Plaintiff. The appellate court reversed the trial court's dismissal of Plaintiff's wrongful discharge claim under the Act, concluding that the doctrine of constructive discharge could give rise to a wrongful termination claim under the Act. The court of appeals otherwise affirmed the trial court. The Supreme Court reversed in part, holding (1) constructive discharge is not applicable to wrongful termination claims under the Act; and (2) the lower courts properly dismissed Plaintiff's remaining claims.