Superintendent Harassed Me, Tried To Force Me To Retire: Manchester Principal's Lawsuit

This article originally was published Oct. 18, 2023.

MANCHESTER, NJ — The principal of Whiting Elementary School has filed a lawsuit against the Manchester schools superintendent alleging age, gender and racial discrimination, claiming he harassed her for more than a year and tried to get her to quit her job.

Evelyn Swift filed the lawsuit Oct. 9 in Ocean County Superior Court, alleging Superintendent John Berenato harassed her repeatedly in an attempt to remove her as the principal at Whiting Elementary, making remarks about her age and suggesting she retire. In addition, Swift alleges, Berenato made repeated remarks referencing her race, and retaliated when she filed a grievance over her performance evaluation.

The lawsuit also names district administrators Lori Burns, Bridget Antonucci, Linda Saraceno, and Alex George, along with the Board of Education, alleging they assisted or did nothing about her complaints about Berenato's behavior. Burns is the district's director of early childhood education; Antonucci is the director of special services, Saraceno is the district's supervisor of instruction, and George is the district's affirmative action officer, among other duties.

Swift has worked for the Manchester Township Schools since 1999, when she started as a teacher at the middle school. She has been the principal at Whiting Elementary since July 2012.

Berenato became the superintendent in the district in February 2022, succeeding David Trethaway, who retired. Burns was hired in late 2022, according to the lawsuit.

"The Manchester Township School District cannot provide any comment or information regarding pending litigation," the district said in an emailed statement.

Swift, who is the only female African American administrator in the district, alleges the harassment began in August 2022 when Berenato asked her to move to Manchester Elementary to be the principal there and she declined, because of the relationships she had built with staff and families at Whiting.

"Defendant Berenato added that MTES 'needs an overhaul due to changes across town,' " which Swift says is a reference to an increase of Hispanic families in a "predominantly Caucasian school.

"Notably, Defendant Berenato further remarked to Plaintiff, 'Our district is growing, it’s a different population, and you’re great with people, ' " the lawsuit says.

Swift alleges Berenato continued to insist Swift should transfer to Manchester Elementary, and repeatedly cited the "different population" as a reason, " obviously implying Plaintiff, as an African American, belonged with other minorities," the lawsuit says.

Retirement suggested

Her refusal led to persistent criticisms from Berenato and culminated in a negative mid-year performance appraisal, Swift alleges. She said it is the first negative review she has received in her years as principal.

The negative review included a criticism by Berenato of Swift's attendance because she was out on vacation time in October that Berenato had approved, and missed a school event. "Plaintiff was entitled to take twenty-five (25) vacation days per year, and Plaintiff never exceeded her allotment," the lawsuit says.

Swift contested the negative review, and during a follow-up meeting alleges Berenato asked her when she would be 55, and whether she had considered retirement.

"Defendant Berenato then provided unsolicited advice to Plaintiff about alternative streams of income," Swift, who is 54, alleges in the lawsuit.

"Books ... of people who look like you"

She also alleges Berenato and Burns made several "racially charged comments, illustrating they viewed Plaintiff not as an accomplished principal, but rather, as a less-than capable African American female."

She alleges Burns said Swift needed to " 'conduct an audit of preschool books because there needs to be better diversity. There need to be books in those classrooms that are representative of…' At that point, Defendant Berenato interjected and said, “…of people who look like you.' " She alleges Berenato then showed her a list of books available, and said there were more books about animals than there were books about African Americans.

Swift alleges that after a second follow-up meeting, she was contacted by Cheryl Mackenzie, Berenato's assistant. Mackenzie told Swift Berenato directed her to convince Swift to not file a grievance over her evaluation, and Swift alleges Mackenzie said Berenato "openly discussed wanting Plaintiff out as Principal, as he felt Plaintiff was better suited for a Vice Principal role."

"Additionally, Ms. Mackenzie disclosed that Defendant Berenato had asked her how long it had been since Plaintiff’s son had passed away, implying Plaintiff had taken too much time off work to mourn her son’s passing. Ms. Mackenzie further relayed that Defendant Berenato stated that he was sure 'it impacted [Plaintiff’s] performance.' Ms. Mackenzie expressed she was disturbed and 'taken aback' by Defendant Berenato’s remarks about Plaintiff’s son’s passing in connection with Plaintiff’s job performance."

Swift filed a grievance through the administrators union in March and alleges she was told by Saraceno and George that it would be her word against Berenato's and tried to convince her to drop the matter.

Retaliation alleged

Swift alleges Berenato, Burns and Antonucci began a pattern of retaliatory accusations, including claims her staff had incorrectly filled out 504 paperwork, claims that she was not reprimanding staff members who missed a day of work, taking away her office to make it a room for special needs students who are struggling with sensory overload, and making scheduling changes at Whiting that Swift says would negatively impact students.

The 504 criticitism came after the paperwork had been accepted and approved by Antonucci, the district's special services director, Swift says. She said she was not notified there was an issue — instead, Antonucci dealt directly with the staffer in Swift's school. Swift also said the staff member who filled out the paperwork had been trained by staffers at other elementary schools in the district whose paperwork was certified as properly completed.

Swift also filed a discrimination complaint with the district's Board of Education that was investigated by an outside firm, but was told her complaint was unfounded, according to the lawsuit.

Slur against another superintendent

Swift also alleges Berenato called the superintendent of the Neptune Township School District "a real ----" and said Burns — who had worked there before coming to Manchester — "hates her and can’t wait to get out of there."

The lawsuit, which says the statement was made in October 2022, does not say whether the statement was made during a meeting or in casual conversation, but says, "Upon hearing this offensive and discriminatory comment, Plaintiff’s mouth dropped, and she exclaimed, 'Excuse me?' In response, Defendant Berenato backtracked on his remarks by telling her to, 'Just forget about it.' "

The lawsuit was filed because "As of the present date, Manchester BOE Defendants have still failed to remediate Plaintiff’s hostile work environment. Suffice to say, the seemingly endless perpetuation of retaliation stemming from the foregoing instances of harassment and discrimination has caused Plaintiff significant emotional distress."

Swift is seeking an unspecified amount of monetary compensation, along with requirements for all of the defendants to undergo training to address age, gender, and racial bias, and to address their retaliation.