THE BLACKBURN FIRM, PLLC
213 FIFTH AVENUE NORTH, SUITE 300 • NASHVILLE, TN 37219
P (615) 254-7770 • F (866) 895-7272
W. GARY BLACKBURN
RULE 31 MEDIATOR

BRYANT KROLL

February 18, 2019
TO: Dr. Shawn Joseph

Director, MNPS
RE: Wage Discrimination
Dr. Joseph:
I represent Dr. Schunn Turner. The purpose of my letter is to call to your attention pay inequities
between men and women employed by MNPS. The documents akeady in my hands and the data

which MNPS will be required to furnish in light of my Public Records Act request of Friday
February 15, 2019, clearly demonstrate the disparities.

A part of the problem is that MNPS has utilized two pay scales, but the assignment within one
scale or the other is arbitrary and subject to abuse. For example, my client took an authorized
leave pursuant to T.C.A. § 49-13-117 for the purpose of one year's leave to work in a charter
school. As you know, upon her return Dr. Turner was entitled to be placed in the same position
she enjoyed prior to the leave.
She was arbitrarily assigned to the Certificated pay scale at a lower salary. Dr. Turner presented
this issue to Sharon Pertiller, who was dismissive, arrogant, and indifferent to facts. The recent
independent evaluation of your Human Resources policies by the Bone McAllester firm suggests
that Dr. Turner's experience with Ms. Pertiller was not unusual.
Ms. Pertiller claimed that because Dr. Turner reviews certificated persons, she was required to be
placed in that pay scale. This ignored the fact that Dr. Turner supervises an employee whose

responsibilities include the evaluation of certificated employees, yet remains on the Support pay
scale. Either MNPS has no published policies regarding pay scale placement, or the policies you
do have are not being enforced.
Some of the anomalies appear to have commenced with your employment as Director of Schools
and personnel you brought with you. Others seem to be systemic. The motivation behind wage
discrimination, however, is immaterial. We believe there to be at least 25 women who are paid
less than similarly-situated men. This must, and will be addressed.
I therefore demand that you conduct a prompt, thorough and meaningful investigation into pay

disparities and that you and the Metropolitan Board of Public Education correct this

 discrimination, including the tendering to all similarly-situated women backpay consistent with
your findings.
Ms. Turner and I hope that you will take your duties seriously and resolve this matter in an
amicable fashion. Please understand that we are prepared to litigate these pay discrimination
claims in the appropriate court if necessary.

No retaliation of any kind, by any employee ofMNPS, directly or indirectly, will be tolerated.

/ W. Gary Blackburn

CC: Dr. Schunn Turner