Artists Association Sued By Former Employee Who Claims She Was Fired For Opposing Autism Discrimination
David Creed •
A lawsuit has been filed in the Massachusetts District Court against the Artists Association of Nantucket by the non-profit's former director of adult programming, Elizabeth Congdon, who claims she was unlawfully terminated for allowing a 15-year-old child with autism to participate in one of the AAN’s adult classes.
“AAN and the Board took the official position that Ms. Congdon was wrong and showed ‘poor judgment’ when she gave the neurodivergent art student equal access to the class as compared to nondisabled/neurotypical students. That is why they put her on probation and then fired her,” Congdon’s lawsuit stats. “AAN and the Board intentionally went against the federal and state laws that guarantee equal access to disabled and nondisabled individuals, simply because one of their major donors was uncomfortable with the disabled student being in the class. AAN cannot exist as a ‘public accommodation’ offering art education to the public, and receive federal funding for its programs, while ignoring their obligations under the Americans With Disabilities Act, the Rehabilitation Act, and the Massachusetts Public Accommodations Law.”
The lawsuit also names as defendants former AAN board director Patricia Keneally, executive director Tracey Sears, and Mount Vernon Fire Insurance Company.
Congdon is seeking at least $865,000 in the lawsuit, according to court filings.
"The Artists Association of Nantucket (AAN) is aware of the recent lawsuit filed by former employee and current Artist Member Elizabeth Congdon," Sears said in a statement. "AAN is represented by counsel, who has provided a defense on its behalf since the inception of the matter during 2023. AAN emphatically denies its decisions were the result of a decision to let a minor child (regardless of disability status) attend an adult drawing class. AAN looks forward to sharing the true reasons for the disciplinary actions taken by the Association in the United States District Court, but will not be sharing further details at this time. AAN remains steadfast in its values and mission. Our commitment to fostering the visual arts on Nantucket has never been stronger."
According to the 48-page lawsuit, Congdon had arranged for AAN to offer a three-day adult figure drawing class from May 23-25 in 2023. During that time, a 15-year-old child from Florida was visiting Nantucket with his parents and wanted to take the course. The child’s mother, Regina Helton, reached out to the ANN as required by the organization's protocol, which allows a child to enroll in an adult program when the youth program did not offer a similar class. If the director of programming grants permission, parents then sign and submit a waiver to allow the child to participate.
“(The child) is an extremely talented and serious artist with a history of involvement in the art community,” the lawsuit says. “He also wanted to build his art portfolio for when he applied to college. (the child is now enrolled at an art college after graduating high school early)."
Congdon granted the request, a waiver was signed, and she gave the instructor, Ian Mood, advance notice of the child’s participation, which he approved, according to the complaint. There were four students in the class, including the child and three females. Before the second day of classes began, Mood expressed concern to Congdon about the child.
“He indicated that (the child) was a good artist but he was exhibiting some reluctance to engage verbally and was not showing much eye contact,” the lawsuit states. “Mr. Mood and Ms. Congdon thought it was possible the child could be on the autism spectrum.”
Congdon approached Helton after she dropped off the child ahead of the second day of class and Helton informed Congdon that the child does have autism spectrum disorder (Level 1/High Functioning), which can impact his social/communication skills and that the child is often very quiet while he is working on his art, but was enjoying the class.
“Ms. Congdon told Ms. Helton that the teacher was concerned that the child might become uncomfortable with the nude model the next day,” the lawsuit says. “Ms. Helton was fully aware there would be a nude model on the third day of class and said her son would simply text her to pick him up if he decided to leave early on the third day, and that she was confident her son would act maturely. Ms. Congdon then communicated with Mr. Mood and Ms. Elizabeth Buccino (AAN director of youth programming), who both agreed with the plan. On the third day of class, the child attended the class but then decided to leave. He left the classroom quietly without incident, texted his mother, and waited quietly for her to pick him up. Ms. Congdon also texted Ms. Helton to let her know that she was waiting with the child, who did not appear upset at all. Ms. Helton thanked Ms. Congdon.”
But in the aftermath of the class, the lawsuit alleges that Sears became “irate” when she learned that an autistic boy was permitted to take a class with adult students who were also AAN donors.
“Sears learned about it from Susan Coyne, who was a student in the class with the child (Ms. Coyne was an AAN artist member, a former Board member for nine years, and generous donor. Upon information and belief, she has now re-joined the Board),” the lawsuit says. “Ms. Coyne emailed Ms. Sears and Ms. Keneally after the class ended, indicating that the child was severely autistic and ‘should never have been in the class.’ She later blamed Ms. Congdon, stating that ‘Lizzie insisted on him remaining in the class.’ Because of Ms. Coyne’s status as a Board member and significant donor, her opinion and comfort level mattered greatly to Ms. Sears. Ms. Sears knew the extent of Ms. Coyne’s generous donations, as Ms. Sears was previously responsible for fundraising in her prior role at AAN, before she assumed the role of interim executive director.”
Congdon allegedly attempted to explain the legalities of the situation to Sears and that disability discrimination is illegal and equal access must be granted, but according to the lawsuit the explanation was “to no avail.”
“Ms. Sears had no art or education experience, and did not listen or even try to understand," the lawsuit states. "She became furious, expressing frustration to Ms. Congdon that the Board had not established any policies to guide her in this situation, or any other policies at all.”
In an affidavit submitted by Helton, she confirmed the contents of the lawsuit and that she was outraged to hear about how Congdon was treated after allowing her son to participate in the class.
“I am outraged to hear that AAN would display such ignorance and take this action against Ms. Congdon,” Helton said in a March 2025 affidavit. “She was entirely professional and supportive when dealing with my son and me, and she understood the importance of giving him the chance to participate in the class. If AAN had refused to allow my son to attend any portion of the class after learning he was neurodivergent, AAN would have faced a legal challenge from me and my wife for denying him this right.
“I wish I had known at the time that AAN was reprimanding Ms. Congdon because I would have spoken up to try and prevent this injustice,” Helton's affidavit continues. “By firing her, AAN lost a very talented and caring artist and educator. They unfairly punished an employee who was simply trying to help a neurodivergent young art student have appropriate access to instruction.”
A meeting was held with Congdon, Keneally, Sears, Buccino, and education department committee chair Courtney Muller on May 30th, 2023, according to the complaint. Congdon was allegedly reprimanded for not expelling the student after she learned that he was autistic (neurodivergent).
“In a shocking display of ignorance, Ms. Keneally asked Ms. Congdon and Ms. Buccino, 'What does neurodivergent mean,'" the lawsuit states. "Ms. Keneally then stated, 'As soon as you found out he was autistic, you should’ve shut it down.' While she uttered this statement, she moved her hand downward in a chopping motion. In an equally insensitive and unenlightened comment, Ms. Muller shouted at Ms. Congdon, 'What if this kid wants to come back?'"
Congdon allegedly defended her actions while Keneally, Sears, and Muller purportedly sought to force Congdon to take responsibility for putting AAN in “legal risk” and hurting their reputation by allowing an autistic student into a classroom with neurotypical students.
“During the May 30, 2023 meeting, Ms. Buccino explained AAN’s existing protocol for minors taking adult figure drawing classes with a nude model involved, and cited a past situation involving a neurotypical teenaged artist who had been allowed to take the class with the signed parent waiver,” the lawsuit says. “In response, Ms. Keneally, Ms. Sears and Ms. Muller expressed horror and surprise that an autistic student would be given the same opportunity.”
Congdon was then placed on probation for 90 days on June 7th, 2023 for allegedly causing “chaos” and “damage” due to her “poor judgment” in allowing a disabled student to participate in the adult figure drawing class. It is also alleged that she was subsequently forbidden to speak to or e-mail Keneally and Sears about her probation. Prior to June 7th, 2023, Congdon claims she had never received a written warning or any discipline during her nearly four-year tenure at AAN.
“Ms. Congdon was also tasked with 40 extra hours of work with (Sears) to perform additional typing-intensive tasks that were not part of her written job overview, one of which was to create a new parent waiver policy with 'pertinent parameters' to bar neurodivergent minors from adult classes," the lawsuit states. "Ms. Sears assigned her this task in the June 7 probationary memo. Ms. Sears deemed this to be necessary ‘to repair some of the damage created by this incident.’”
In the memo, it said the AAN believed the May 25th, 2023 incident was “problematic” because they had no way of “weeding out neurodivergent individuals.”
On July 31st, 2023, Congdon’s employment was terminated prior to the expiration of her probationary period.
The lawsuit goes on to say Keneally and Sears started a “smear campaign against Congdon after the May 30th, 2023 meeting in an attempt to defame her professional standing as an artist and interfere with her business relationships in the art world – including the effectuation of the termination of her employment with AAN.
In a July 24th, 2023 board meeting, former AAN executive director Courtney Bridges allegedly displayed resistance to the instruction that she terminate Congdon’s employment, the lawsuit claims, given the lack of any legitimate reason to terminate.
“Ultimately the Board forced Ms. Bridges to deliver the news to Ms. Congdon that her employment with AAN was terminated. The Board required her to do this prior to her own departure from AAN in August 2023,” the lawsuit claims.
In a letter of recommendation written by Bridges about Congdon filed with the civil complaint, Bridges praises Congdon’s candidacy for any position and her willingness to help in any situation. She referred to Congdon as a master problem solver, proactive, and praised her for being a gifted communicator.
“Elizabeth's integrity, ingenuity, and spirit make her a remarkable candidate for any position,” Bridges’ letter reads. “I am certain that whatever she sets her hand to in the arts, education, or beyond, she will elevate the people and work around her.
Mount Vernon Fire Insurance Company is targeted in the lawsuit for its apparent bad faith insurance practices and unfair and deceptive trade practices in connection with settlement of claims arising under insurance policies.”
There are 10 counts in the lawsuit:
1) Retaliation in Violation of Title III of the Americans with Disabilities Act of 1990 (Public Accommodation) vs. the Board, Keneally, and Sears.
2) Retaliation in Violation of Section 504 of the Rehabilitation Act of 1973 (vs. AAN and the Board).
3) Associational Discrimination in Violation of Title I of the Americans With Disabilities Act (vs. AAN).
4) Retaliation for Opposing Associational Discrimination in Violation of Title I Of the Americans With Disabilities Act (vs. AAN).
5) Associational Discrimination in Violation of the Massachusetts Fair Employment Practices Act (vs. the Board, Keneally, and Sears).
6) Retaliation For Opposing Associational Discrimination and Violations of MA Public Accommodation Law In Violation of the MA Fair Employment Practices Act (vs. AAN, the Board, Keneally, and Sears).
7) Wrongful Termination In Violation of Public Policy Under Massachusetts Common Law (vs. AAN and the Board).
8) Defamation (vs. AAN, Keneally, and Sears).
9) Tortious Interference With Advantageous Business Relations (vs. Keneally and Sears).
10) Bad Faith Insurance Practices/Violation of the Massachusetts Consumer Protection Law (vs. Mount Vernon).
Congdon is seeking judgement against the defendants on all counts from the court, finding AAN liable for the actions of its agents and board, finding Keneally and Sears have individual personal liability to Congdon for their actions, and damages to be awarded for anti-discrimination statutes, wrongful termination, Mount Vernon’s violations, attorney fees, and willful violation of Congdon’s rights and malicious conduct, as well as any other legal and equitable relief the court deems just and proper.