Judge Michael Telesca
Wingfield was employed by the Rochester School for the Deaf (RSD) from 1992 until resignation on April 16, 2012. Her children attend RSD, and her ex-husband was RSD’s head of security. Wingfield alleged sex discrimination violating Title VII of the Civil Rights Act. To comply with a protection order that her ex-husband remain 25 feet away from her on campus, RSD superintendent Mowl issued a letter severely restricting Wingfield’s presence and movements at RSD. While Wingfield attended a sports event for her children, an RSD security guard used “intimidating tactics” to force Wingfield to leave the campus. An April 2012 “Last Chance Agreement” required Wingfield to refrain from certain behavior, and to waive her right to file a lawsuit—including a Title VII action—based on RSD’s action. Wingfield did not sign the Last Chance Agreement and resigned from her position at RSD. District court denied dismissal of Wingfield’s claims for discrimination and retaliation grounded on the Last Chance Agreement. A reasonable jury could conclude that a waiver of Wingfield’s right to file a discrimination lawsuit in a document that she was required to sign to continue her employment after complaining of discrimination to Mowl was retaliatory.
