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Judge dismisses suit brought by educator who lost superintendent job after calling women ‘ladies’
Vito Perrone sued after his job offer for superintendent was abruptly rescinded after he referred to a group of women hiring him as "ladies."
A federal judge dismissed a lawsuit brought by a man claiming he was owed due process when his job offer for superintendent was abruptly rescinded after he referred to a group of women hiring him as “ladies.”
U.S. District Court Judge Mark Mastroianni ruled in favor of five local school officials, including the mayor, after Dr. Vito Perrone sued in federal court last year after his job offer was rescinded during contract negotiations.
The case brought national attention to the small community of Easthampton in Western Massachusetts and resulted in multiple School Committee resignations in 2023.
Perrone was offered the position, which had a salary of $151,000, “pending successful contract negotiations,” according to the judge’s decision. Perrone “verbally indicated he would take the job,” according to court documents.
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“Ladies,” Perrone wrote in an email to school officials amid contract negotiations. “Good evening! I perused the contract and have three requests.” He went on to ask for annual salary increases, additional vacation days, and additional sick days. The requests amounted to 70 days, or 14 weeks, of paid time off for his first year on the job, and fewer in subsequent years.
Former School Committee member Cynthia Kwiecinski told her colleagues that she was “insulted” and thought the salutation was “unprofessional and dismissive,” according to court documents. Other members argued that the use of “ladies” was a “microaggression.”
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In a statement at the time, Kwiecinski said that “there were too many concerns before we had even begun negotiating the rest of the contract and alarm bells were going off,” pointing in part to Perrone’s paid time off requests.
The School Committee voted 5-1 to rescind the offer, according to Mastroianni’s decision. Perrone apologized multiple times in a meeting, but Kwiecinski “was not satisfied,” according to the decision, and said the School Committee was not interested in a superintendent “who needed to be ‘chastised.’”
Perrone argued in court that the School Committee allegedly deprived him of his right to due process when they violated good faith and fair dealing during contract negotiations.
But, Mastroianni ruled that because Perrone’s email itself, which had the subject line “contract negotiation requests,” was “consistent with a counteroffer but inconsistent with acceptance.” Because compensation was being discussed, Perrone had “at best” an unenforceable “‘agreement to reach an agreement,’” Mastroianni wrote.
“It is apparent from the face of the complaint that there was no enforceable agreement, as (Perrone) rejected the School Committee’s initial offer by responding with a counteroffer,” Mastroianni wrote. “There is no plausible support, whether direct or inferential, for (Perrone’s) legal conclusion that an enforceable contract was created by the March 29 email.”
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Adam Simms, a lawyer for the City of Easthampton, said in an email that his team believes “that Judge Mastroianni’s decision is sound.”
“That said, we wish Superintendent Perrone good fortune in his future endeavors,” Simms wrote to Boston.com.
Lawyers for Perrone did not respond to a request for comment Tuesday night. Perrone is currently serving as the superintendent of Hampshire Regional School District.
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