Falsely Accused New Jersey Teacher Sues Union That Betrayed Him

MacCarthy v. Eastampton Township Education Association

Case Summary

  • A New Jersey teacher turned to his union for help when he was falsely accused of sexual harassment.
  • Instead, the teachers’ union acted like his prosecutor and filed complaints against him on behalf of his anonymous accuser.
  • In MacCarthy v. Eastampton Township Education Association, James MacCarthy is seeking a ruling that the union violated its duty of fair representation.

Conflict of Interest 101: Union Sides Against Veteran Teacher

In September 2022, James MacCarthy discovered that his union had filed a “workplace discrimination” complaint against him with his school district on behalf of an anonymous coworker who accused him of sexual harassment.

This came as a surprise: the union did not notify him before filing a complaint against him, according to the lawsuit.

“Union officials didn’t even give me the dignity of hearing my side of the story before taking action against me,” said James, a Marine veteran and a teacher for more than 20 years.

The union has a legal obligation to provide fair representation to every teacher. But this was Conflict of Interest 101: A union can’t fairly represent someone it has filed a complaint against.

James believes his union was working against him—it filed repeated complaints against him according to court filings—in retaliation after he had previously challenged union leadership during union meetings.

Teacher Exonerated, but Damage Is Done

An investigation revealed that the complaints against James were unfounded, and he was not disciplined. But the damage to his name was already done.

His classroom was moved (placing him farther away from the accessible bathroom he relied on), and word spread among students and staff. James is still fighting to restore his reputation, even after his accuser left the school, he alleges in his case.

The ordeal left James feeling frustrated, helpless, and ostracized at his workplace of nearly two decades.

“Because they sided against me, my reputation has been unfairly tarnished, even though I was cleared. Where do I go to get my reputation back?” he said.

A man in a green suit sitting on a park bench.

(James MacCarthy, plaintiff in MacCarthy v. Eastampton Township Education Association. Photo credit: DK Lifestyle Photography.)

Lawsuit Alleges Union Violated Duty of Fair Representation

Under New Jersey law, public-sector unions are required to treat all the employees they represent fairly and even-handedly, whether or not they’re dues-paying members. James, who has paid dues and been a member in good standing for two decades, says the union’s actions violated this duty.

“I trusted that my union would treat me fairly no matter what. Union officials broke that trust—triggering an investigation by my employer when I needed help the most,” he said.

With his lawsuit, James wants to hold union officials accountable for betraying him: He seeks a court ruling that the union broke state law when it arbitrarily sided against him.

Case Status & Documents

MacCarthy v. Eastampton Township Education Association is before the Superior Court of New Jersey, Appellate Division.

Media

A man in glasses and a green suit posing on a porch on a sunny day.

The Union I Paid to Protect Me Turned a False Accusation Into a Witch Hunt

Op-Ed | The Fairness Center

“As a 20-year teacher, I have some advice for New Jersey educators double-checking their lesson plans and preparing to return to the classroom: take a close look at who’s running your union. Union officials are meant to defend their members. But what happens when they vilify them instead?”