23-CV-1543 Kayla Peterson v. Racine Unified School District
Decision and Order
The court granted a school district’s motion to dismiss a claim for wrongful discharge under Wisconsin law. The district terminated the plaintiff, who ran an after-school program in an elementary school, for refusing to comply with or enforce the district’s masking requirement for preventing the spread of COVID-19. In her wrongful-discharge claim, plaintiff alleged that terminating her for this reason violated a fundamental and well-established public policy. The court determined that enforcing a mask mandate in a school was not contrary to public policy. Plaintiff also alleged that requiring children to wear masks is a form of child abuse, and that therefore her termination was contrary to the public policy against child abuse reflected in the state’s criminal child-abuse laws. The court determined that no legal authority supported plaintiff’s allegation that mask wearing is a form of child abuse, and that plaintiff’s personal belief that mask wearing may harm children could not establish that the termination violated the public policy against child abuse.