Labor & Employment
‘Whack! Ow!’ Spanking Whistle-Blower Wins $200K in Discrimination Suit
Posted Mar 24, 2009 3:54 PM CST
By Martha Neil
News of a $200,000 federal jury verdict in a unusual employment discrimination suit is gathering traction on the blogosphere. Filed by a municipal worker who says she was fired after she blew the whistle on a relative spanking a child in a Chicago Park District restroom, the case started with a call by the district's South Shore Cultural Center to the mother of a 6-year-old boy.
His aunt responded, and, after hearing a series of "whack! ow!"s outside the center's restroom one day in 2006 as the aunt allegedly smacked the boy there to discipline him, Cathleen Schandelmeier-Bartels took action. A woman who admittedly feels strongly that all forms of corporal punishment of children are wrong, she contacted a state child-protection agency and reported the incident as an alleged beating, recounts Chicago Sun-Times columnist Mary Mitchell.
"If someone else other than me had been outside that bathroom that day, I doubt that the incident would have been reported," Schandelmeier-Bartels now tells Mitchell.
As a result of this 2006 child-abuse report, contends Schandelmeier-Bartels, she lost her job as a program coordinator at the cultural center.
And, she argued in a subsequent federal lawsuit, her firing was based on race discrimination: She was criticized at work for making the child-abuse report, she says, and a supervisor—who, like the aunt and the boy in the cultural center's largely black neighborhood, is African-American—allegedly told Schandelmeier-Bartels, who is white, that the method of discipline used by the aunt is, essentially, "a black thing," according to Mitchell's column.
A federal jury apparently agreed with Schandelmeier-Bartels' analysis of the situation, awarding her $200,000.
A spokesman for the Chicago Park District contends she was fired "for lack of administrative ability to run the summer camp," Mitchell writes. At last report, the district hadn't yet decided whether to appeal the verdict.
The case has captured the attention of Overlawyered, among other blogs.

Comments
Jade
Mar 25, 2009 7:15 AM CST
Well it is definitely a cultural difference. Though both black and white families will “spank” children, it’s more accepted in the black race and if someone says “I don’t believe in hitting a child” then it’s more likely than not coming from a white person. That’s not a racist observation. And I don’t think this should fall under whistleblowing either. To me, it’s like if someone at work called my husband to tell him I was cheating. Seems like they wouldn’t expect to have a job when I found out. It’s not her telling something I did that was work-related.
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R
Mar 25, 2009 8:14 AM CST
Look, she didn’t get $200K for “whistleblowing.” She got $200K because a federal jury believed she was treated differently due to her race. End of story. “Whack-Oh”: please…
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Jason
Mar 25, 2009 8:53 AM CST
Comment removed by moderator.
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J.D.
Mar 25, 2009 9:30 AM CST
This is the environment from which our president hails. Oh, Chicago.
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B. McLeod
Mar 25, 2009 1:22 PM CST
But J.D., I thought you said he was from Kenya.
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J.D.
Mar 25, 2009 2:58 PM CST
Perhaps. By way of Chicago perhaps. In fact, the High Court is currently reviewing yet another lawsuit. Scalia has already said he’s interested in the issue and he has revealed that perhaps only one conservative Justice is holding it up…
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P. Bryson
Mar 25, 2009 3:12 PM CST
I’d like to see the Supremes take an Obama citizenship case. It would at least finally let folks move on to a new conspiracy theory.
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Debra Veoli
Mar 25, 2009 5:07 PM CST
If a man does corporale punishment, can’t he be discharged from the Army?
My professor said that it is part of the Dont Ask Dont tell policy. I did not know what this was and I dared not ask him, because he would think I do not know.
Does any one know what this policy is? I cant find it in my textbook or in Black’s Law Dictionary.
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B. McLeod
Mar 25, 2009 6:59 PM CST
There’s a colonel of sense in that suggestion, but as a general rule, it would probably not rate a discharge. The “Don’t Ask. . .” thing was a Clinton policy, designed to ignore sexual orientation issues, so long as soldiers kept them private, and did not cause major problems.
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