NEW ORLEANS – A Louisiana charter school engaged in unlawful employment practices by allegedly retaliating against and constructively discharging one of its teachers, according to a lawsuit filed in federal court this month.
Plaintiff Bailey Gerard Custodio filed her lawsuit in U.S. District Court for the Eastern District of Louisiana.
The named defendants are Young Audiences Charter Association, Young Audiences of Louisiana Inc., and the Jefferson Parish School Board.
According to its website, YACA is an art-integrated public charter school serving Orleans and Jefferson parishes.
More specifically, as a Type 1 charter authorized by both parishes, it is open to any Jefferson Parish student entering pre-kindergarten through 12th grade and any Orleans Parish student entering pre-kindergarten through 8th grade.
“Autonomy, as defined in the Louisiana Public Charter School Law, is intended to increase school choice, encourage educational experimentation, and produce outcome-driven innovation,” Custodio wrote in her 18-page complaint. “Under no circumstances, however, may such autonomy serve to perpetuate sex discrimination and harassment against Ms. Custodio, a former Young Audiences Charter School teacher.
“Nor may the Jefferson Parish School Board deliberately turn a blind eye to Ms. Custodio and her rights against the same.”
Custodio, 32 and a Jefferson resident, claims she filed the action based on the defendants’ failures to “address and correct” unlawful conduct – despite “repeated opportunities and obligations to do so.”
According to her lawsuit, Custodio began her employment with YACS in November 2021 as a seventh-grade math teacher at its Burmaster campus.
By the 2025-26 academic year, Custodio was promoted to the role of ninth-grade academic coordinator, after school coordinator, and Title I representative.
She noted in her filing she had never been disciplined and had no immediate plans to leave YACS.
Things changed in June 2025 when she was working summer school at the Burmaster campus.
Sitting alone at a desk in the school’s hallway, she claims she was approached by Gerald Elwood III, YACS’ director of operations. He allegedly placed his hands on her shoulders and caressed them “while attempting small talk,” her lawsuit states.
“Ms. Custodio was instantly stunned by the unwelcomed physical contact, then she became anxious and fearful, saying everything to break the encounter,” the filing states.
Elwood then allegedly sat next to her and began grabbing her left hand “while trying to convince her of a date with him,” Custodio alleges.
She claims she did not immediately report the interaction, as Elwood – for years before it – had made many verbal and written advances on Custodio that she says she either ignored or refused.
The filing notes that at the time, Elwood was married to YACS’ director of enrollment, who worked at the same campus as Custodio.
Custodio claims she wanted to report the incident immediately after it happened, but “grew hesitant and feared retaliation or isolation” from others.
After another incident in November 2025, in which a group of male students were involved, Custodio claims she hit her breaking point.
On Nov. 5, 2025, she met in-person with the YACS Burmaster principal and supervisor. The principal told her he would quickly follow-up. However, weeks went by and Custodio claims she heard nothing.
“Ms. Custodio had begun to notice that school leaders and other colleagues were acting and treating her differently, just as she had feared,” her filing states.
It wasn’t until December 2025 that she met in-person with YACS’ director of mental health support services and YALA’s executive director. They stated a formal stay away order could be issued, if Custodio wanted. At the end of the meeting, they asked that any additional evidence be forwarded and that they would follow-up with Custodio.
It was soon after receiving additional documents that YACS stopped communicating with her, Custodio alleges.
After still not hearing anything more about her pending complaints after the Christmas break, Custodio submitted her resignation letter Jan. 21. Her last day of work was Feb. 12.
She claims she never received the formal stay away order she was offered and accepted, nor did she receive any documents associated with her complaints.
In April, she filed a formal charge with the U.S. Equal Employment Opportunity Commission against YACS and a separate formal charge against JPSB.
Custodio contends that because JPSB is the designated Local Education Agency, or LEA, and recipient of certain federal funds, it is subject to federal laws that prohibit sexual discrimination and harassment.
Per YACS’ operating agreement with JPSB – signed initially in 2012 and reapproved in 2023 – the charter school system must comply with federal, and state, accountability requirements.
“YACS receives certain federal funds/assistance as reimbursements or ‘pass-through funds’ from its LEA, JPSB,” the complaint states. “In addition, YACS receives state pass-through funds from its LEA, JPSB.”
Custodio claims she has made various public records requests to YACS and JPSB, most of which have resulted in “blatant obstruction or outright disregard to date,” especially by YACS.
She alleges she also submitted a list of monetary and nonmonetary demands to YACS and JPSB in May. Neither initially responded to the submission, she claims.
JPSB, in a June 3 response, claimed the charter school is not operated by the school board and, therefore, Custodio is not a JPSB employee. YACS, meanwhile, requested until June 19 to provide a response. To date, YACS has not responded, Custodio claims.
She seeks economic and non-economic damages, punitive damages, attorney fees and interest.
Tracey J. Comeaux in New Orleans is representing Custodio in the case.
