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More teachers have sued New Hampshire officials over the "Prohibition on Teaching Discrimination" law, with a second lawsuit filed Monday over the new anti-discrimination law.
The law bans educators from teaching children they are inferior, racist, sexist or oppressive by way of their race, gender or other characteristics. The "Right to Freedom from Discrimination in Public Workplaces and Education" bans training sessions or programs that teach one group has "natural biological, or innate characteristics as opposed to apparent or accidental characteristics" that cause them to be inferior, racist, sexist or oppressive.
The suit says that educators are confused about what they can legally teach and train, and risk losing their jobs if they unknowingly violate the law. It also asks the court to proclaim the law unconstitutional and prohibits its implementation, and is similar to a lawsuit filed by the AFT-New Hampshire union, three high schools teachers, and two parents last week.
The National Education Association-New Hampshire, which represents most public school employees in the state, along with two diversity, equity and inclusion school administrators, filed the new lawsuit against New Hampshire Education Commissioner Frank Edelblut, Commission on Human Rights Chair Christian Kim and Executive Director Ahni Malachi, and Labor Commissioner Kenneth Merrifield.
Lawyers representing the ACLU of New Hampshire, the Disability Rights Center-New Hampshire, GLBTQ Legal Advocated & Defenders are among the coalition representing the group.
One of the plaintiffs in the new case, Andres Mejia, is director of diversity, equity, inclusion and justice at the Exeter Region Cooperative School District. He conducts staff trainings on concepts such as implicit and institutional bias, racism, belonging and inclusiveness. Because the law is ambiguous, he will potentially subject himself to a complaint, the lawsuit said.
Mejia also fields inquiries from teachers as to whether certain books, video content, curriculum, materials and information—as well as what a teacher would say—would be banned. He said he is unable to answer those questions under the current law.
"This law chills the very type of diversity, equity, and inclusion work that is absolutely necessary to ensure that each student is seen, heard, and connected, especially as New Hampshire becomes more diverse," Mejia said in a statement with co-plaintiff Christina Kim Philibotte, the chief equity officer for the Manchester School District.
Merrifield referred comment to the attorney general's office, which last week said it would "defend the law" regarding the first lawsuit. A department attorney didn't immediately comment on the new case Monday. The Education Department and Human Rights Commission said last week it doesn't comment on pending litigation.
The Associated Press contributed to this report.
