Claim Filed After Beverly Hills Unified Fires Teacher For Protected Speech

BEVERLY HILLS, Calif., Dec. 4, 2024 — A teacher who was fired as she was preparing students for their national AP U.S. History exam has filed an administrative claim against Beverly Hills Unified School District for wrongful termination and violation of her First Amendment rights.

Joanie Garratt, a respected AP History teacher with over 30 years of service in the BHUSD, 

was fired over a Facebook post she made criticizing president-elect Donald Trump and reacting to a group of pro-Trump students who gathered on Nov. 6 outside a classroom where the school’s Black Student Union was meeting. Black students reported being the targets of racist slurs from those in the pro-Trump crowd, who also bullied and harassed students who did not support Trump.

Garratt never discussed Trump, the election or the pro-Trump students’ demonstration in her classes. Her comment was made on her own Facebook account, on her own time, and is a prime example of political speech that’s protected under the First Amendment and California labor and education codes, said Marina del Rey civil rights attorney V. James DeSimone.

“Joanie’s post, which criticized harassment at the rally and attributed student conduct to political rhetoric whipped up as part of Donald Trump’s re-election strategy, is constitutionally protected speech,” DeSimone said. “

Garratt retired from full-time teaching after 30 years in the district, including 15 at BHHS, but remained active in the district as a valued substitute and volunteered her time as the faculty facilitator for the school’s Interact Club, emphasizing service to the community. She was hired in November as a substitute teacher for one month to get students prepared for the rigorous AP U.S. History exam. Garratt earned her Master’s in Government from Harvard in 1979 after graduating Phi Beta Kappa from UCLA and received numerous honors and teaching awards during her career as an educator.

She started Nov. 4 and was expected to teach through December 5, 2024. On Nov. 6, the day after the election, student supporters of Trump held a noisy rally and then marched through the halls displaying Trump flags, banners and regalia. The next day, the BHHS student newspaper criticized the disruption caused by the rally and the bullying from among those involved in the march.

That same evening, Garratt made the following Facebook post:

“I’m back at BHHS on a long term assignment teaching AP US History again. I enjoy it immensely & only sub when I can seriously teach.

“I was, however, disheartened by a recent event on campus the day after the election. A MAGA faction dressed in full Trump regalia (banners draped around them, flying banners, red hats) not only had a MAGA rally on campus but harassed & intimidated many other non-MAGA students and specifically targeted the class where the Black Student Union was meeting, yelling all kinds of racial slurs. Some students arrived at school truly upset & even crying only to be bullied later by their classmates. And don’t blame the administration for this. They are dealing with it. This comes from their leader, His Majesty, King Trump.”

Despite no reported disruptions in her classroom, Garratt was terminated on Nov. 13. Assistant Superintendent Matthew Horvath informed her during a brief phone call that her post led to her dismissal, citing no further explanation. 

“This decision contradicts BHUSD’s policy that personal beliefs or activities outside of work should not be grounds for disciplinary action unless they violate the law or policy,” DeSimone said. “This post was entirely within Joanie’s right of free speech and violated neither the law nor district policy. We intend to fully vindicate Ms. Garratt’s rights and filing this administrative claim is the first step in that legal journey for justice”

BHUSD’s policies affirm employees’ rights to hold and express personal beliefs without fear of reprisal, provided such activities do not disrupt their work. Instead, BHUSD is using “threats, intimidation, and coercion” to punish her for exercising her rights, causing emotional distress and harming students who relied on her guidance, according to the claim.

“Not only did the district’s decision come without any rationale or legal grounds, but were based entirely on social media posts they didn’t like.  One has to question how much concern the district had about the negative impact of Joanie’s sudden dismissal on her students who were preparing for their AP exams, particularly given her unique expertise in the subject,” DeSimone said. “By punishing an exceptional teacher for the content of her expression of protected first amendment rights, BHUSD not only harmed Joanie, it hurt her students who were at school to learn.”

Los Angeles civil rights attorney V. James DeSimone has dedicated his 39-year law career to providing vigorous and ethical representation to achieve justice for those whose civil and constitutional rights are violated.

Robert Frank, 206-790-6324

V. James DeSimone is available for interviews

Click here to download the claim

Media Coverage:

Beverly Hills teacher claims she was fired for anti-Trump FB post: https://ktla.com/news/local-news/beverly-hills-teacher-claims-she-was-fired-for-anti-trump-fb-post/

Teacher Fired Over Anti-Trump Comments After MAGA Rally Disrupts School, She Claims: https://patch.com/california/beverlyhills/beverly-hills-teacher-claims-she-was-fired-over-anti-trump-comments

Beverly Hills teacher allegedly fired over anti-Trump post files claim against school district: https://www.audacy.com/kearth101/news/beverly-hills-teacher-fired-over-anti-trump-post-files-claim

Beverly Hills teacher who criticized Trump files administrative claim over wrongful termination: https://www.msn.com/en-us/news/us/beverly-hills-teacher-who-criticized-trump-files-administrative-claim-over-wrongful-termination/ar-AA1vhOhY

Teacher Alleges Wrongful Termination Against Beverly Hills Unified: https://mynewsla.com/education/2024/12/04/teacher-alleges-wrongful-termination-in-claim-vs-beverly-hills-unified/

Beverly Hills teacher who criticized Trump files administrative claim over wrongful termination: https://www.foxla.com/news/beverly-hills-teacher-claims-wrongful-termination-trump-post

Beverly Hills teacher claims she was fired over anti-Trump post on Facebook: https://www.independent.co.uk/news/world/americas/beverly-hills-teacher-trump-facebook-b2659610.html

Maestra de Los Ángeles despedida tras comentario anti-Trump: https://laopinion.com/2024/12/05/maestra-de-los-angeles-despedida-tras-comentario-anti-trump/