A Florida middle school teacher claims he was forced to resign within weeks of being hired because the school district's superintendent mistakenly believed he was transgender. The American Civil Liberties Union (ACLU) has filed a discrimination complaint with the Equal Employment Opportunity Commission on behalf of Shepard Scalf, 23, against the St. Johns County School District and Superintendent Dr. Brennan Asplen.
According to the complaint, Scalf was told to resign or face dismissal after the superintendent received a complaint from a parent who was under the impression that Scalf was transgender. Scalf, who began teaching at Patriot Oaks Academy in August 2025, states he was never given a performance-based reason for the demand and was told by the principal that his performance was "exemplary."
Scalf is an intersex man, born with reproductive anatomy that does not fit typical definitions of male or female. He has Swyer's Syndrome, a rare genetic condition where individuals are born with XY chromosomes but typically develop female external and internal reproductive organs. Despite this, Scalf presents with traditionally masculine physical characteristics and lives as a man.
The ACLU alleges that the school district violated state and federal civil rights laws by terminating Scalf based on his perceived gender identity. "I am an intersex man with XY chromosomes who was assigned female at birth. I believe my termination was sex discrimination," Scalf stated in the complaint. The complaint further asserts that the district was aware Scalf was assigned female at birth through new-hire paperwork, while his colleagues knew he lived as a man, evidenced by a "Mr. Scalf" placard in his classroom.
Three weeks into the school year, on August 28, 2025, Scalf was called to a meeting with Principal Drew Chiodo. The complaint states Chiodo informed Scalf he was directed by Superintendent Asplen to read a letter recommending Scalf's dismissal to the school board. Scalf was presented with an ultimatum: resign immediately or be placed on "probationary release" until the board's decision. Advised by his union representative, Scalf submitted his resignation, believing it would be less detrimental to future employment than a termination.
Scalf is seeking reinstatement to his position. The ACLU attorney on the case, Shana Knizhnik, who is also intersex, stated that intersex individuals often face discrimination stemming from a lack of understanding, and that such discrimination is illegal. "Workplace discrimination against intersex people isn't just immoral. It's illegal," Knizhnik said.
Florida law prohibits firing employees based on sex, and a 2020 U.S. Supreme Court ruling extended federal protections under the Civil Rights Act to include protections against discrimination based on sexual orientation and gender identity.
Democratic congressional candidate Alex Hazen, running in Florida's fifth district, condemned the district's actions, calling them a violation of Title VII protections and stating, "Republican leaders in Florida would rather discriminate than educate."
Patriot Oaks Academy has stated it does not comment on pending litigation. Representatives for Scalf, the ACLU, the St. Johns County School District, and Superintendent Asplen did not immediately respond to requests for comment.