Legal Guidance While Working During the Pandemic

By: Andrew Mason, MEA Legal Counsel As the pandemic continues and educators are faced with new and difficult challenges in our schools and communities, MEA knows its members need the most up-to-date information regarding your legal rights in certain situations. There are several protections available to educators. The first, and newest, is the workplace anti-bullying law that now protects school employees from bullying, including cyber-bullying, committed by anyone associated with the school, including students, parents, and administrators. Other new laws also help protect educators’ privacy while working from their homes. Here are two scenarios along with guidance from MEA Legal Counsel for each. If you encounter a scenario like one below, or something similar please make sure to contact your union representative or your UniServ Director. In this new “normal” dealing with COVID-19, educators often have to provide some degree of remote instruction and the possibility of having those lessons scrutinized, misinterpreted, and shared has increased.

QUESTION: I am asked to provide hybrid-instruction, sometimes broadcasting my class to students who are quarantining at home or by recording my class and sending it to those students later in the day. I don’t feel I have any control over who is watching or could be recording me without permission. This, on top of the ever-present worry of being captured by a student recording me on their cellphone. What can I do?

ANSWER: In response to the changing educational environment, MEA worked to pass the “Act To Protect Teachers’ Privacy While Delivering Remote Instruction”. Under this new law a person is prohibited from distributing or retransmitting a recorded session of remote instruction without the express written consent of the public school. Violating this law results in a fine between $200 - $500. Members often ask if it is illegal for someone to surreptitiously record them while they are at work. By virtue of working as a public employee in a public building, the legal expectation is that virtually all activity occurring in the school is fair game to be recorded, just as if you were in a public park or at the supermarket. Because of this, invasion of privacy or illegal recording claims are not a good remedy for any school employee who has been surreptitiously recorded. Your best protection is to ensure your district has a strong policy that prohibits recordings on school grounds and in classrooms. MEA advises each local to review its district’s policy and advocate for a comprehensive policy that includes giving administrators the power to enforce the policy. Having such a policy gives the local union leverage to pressure administrators to vigorously enforce the anti-recording policy. Finally, if you do encounter a situation similar to what has been outlined above, reach out to your local MEA affiliate to share your story so we can protect your rights – and the rights of your fellow educators.

Anti-Bullying Protections

QUESTION: The bullying and harassment that is being directed at me includes hateful attacks on my sexual identity, gender, race, or religion. Is there anything I can do – even though it isn’t someone employed by the district?

ANSWER: All employees have protection from bullying or harassment directed at you based upon your race, gender, religion, or sexuality by the Maine Human Rights Act. While most allegations concerning workplace misconduct result from another employee or administration, MEA is committed to creatively using whatever legal approach it can to protect you during this unprecedented time, even if the bullying and harassment come from individuals not employed by the district. MEA is committed to protecting you – make sure you report any instances of bullying or harassment to your building rep, local leadership, and your UniServ Director so that all MEA’s resources can be utilized to stand-up for and with you!