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Posts Tagged ‘sexual orientation discrimination’

Gay teacher says she suffered months of homophobic harassment with no end in sight

Tuesday, June 26th, 2018

A gay middle school English teacher, Amy Estes, said she had to take a mental health leave after student harassment grew more and more intense and her school did little to mitigate the problem.

It all began when a former student asked to stay in touch with her and followed Estes on Instagram. After Estes posted a photo of herself and her partner, the former student saw the photo and spread word to other students at Spring View Middle School in Rocklin Unified School District in California, Estes told ThinkProgress.

“So much of the conversation was negative and hurtful. It wasn’t like ‘She’s gay, that’s whatever,’ it was ‘Oh that’s gross. That’s disgusting,’” Estes said of the hurtful comments students posted about her online.

Estes said she experienced harassment, was told to take down a poster meant to help LGBTQ students feel safe, and felt that the administrators said LGBTQ student would need to adhere to requirements others did not.

Last September, a student approached her to tell her students were talking about her online. She informed the administration, but they minimized it as “middle school drama,” Estes said. She then had a conversation with a student who she believed was one of the most involved in the discussion of her sexuality online, at the suggestion of administration, but the student denied being involved. Estes said that student misbehaved several times in class that were unrelated to the harassment, and she reached out to his mother. But the mother accused of her of making it personal, Estes said.

“The tone of email was that I was retaliating against her child for something he didn’t do and that she had seen the things on Instagram and Snapchat and that was my private life, and how dare I rope her child into it?” Estes said. “And I was blindsided at that point. I didn’t realize how huge it had gotten. So I went to the administration again and still nothing happened. They basically said ‘OK we will deal with that parent from here on out but there is nothing we can do otherwise’ and I said ‘Well I think we should address this on a larger scale.’”

Estes said that since she shares English with a group of 120 students and three other teachers, she suggested that teachers have a conversation with the whole group to confirm that “Yes, I’m gay, and you figured it out. Here’s how we are going to deal with it.”

“The principal’s words exact words were ‘Well we don’t want you coming out unless it absolutely comes to that,’” Estes said.

Although to many Americans, there appears to be progress in visibility and legal protections for the LGBTQ community since same-sex marriage became the law in all 50 states in 2015 and films depicting queer relationships have flourished at award ceremonies, the reality is very different for queer and trans teachers. There is no federal law that gives specific protections to queer and trans workers. Only 20 states and Washington, D.C. have these protections for both queer and trans workers. California is among those states and public schools are required to teach LGBTQ history, but at Spring View, Estes still faced barriers to LGBTQ inclusion.

“There are students in my classroom that I know are queer and they’re seeing this, like, ‘Holy cow, this is happening to an adult. What would happen to me if I were out with my peers?

A 2017 Center for American Progress survey found that 36.5 percent of all people in the LGBTQ community surveyed hid a personal relationship and 62.9 percent of those who experienced some kind of discrimination hid personal relationships. In the workplace, LGBTQ people of color were more likely to hide gender identity and sexual orientation from employers than white people in the LGBTQ community. A 2017 report by the Harvard T.H. Chan School of Public Health, the Robert Wood Johnson Foundation, and National Public Radio found that one in five people in the community said they were discriminated against when being considered for a promotion, applying for a job, or looking for housing.

Estes’ experience is similar to other teachers who administrators failed to support when they were criticized by parents who disapproved of queer teachers being out in the classroom or simply acknowledging the existence of people in the LGBTQ community. Of course, one of the main differences is that Estes was outed and did not get the chance to control how people learned she is gay. But the lack of administration support once the information came out fits a pattern. A Texas elementary school teacher, Stacy Bailey, was suspended after she mentioned her wife to students. A Kentucky chorus teacher, Nicholas Breiner, lost his job a month after he came out as bisexual on Instagram, which he said he did to show LGBTQ students they are not alone. Breiner said the deputy superintendent questioned him about his sexual orientation. In 2015, a teacher read a book about two princes falling in love and dealt with significant parent backlash, but administrators did not have his back. Teachers have lost their jobs after getting married.

Estes said there is still a lot of fear among teachers in the LGBTQ community about being themselves in the classroom.

“I don’t want to categorize my district specifically at all but what I have heard from a number of teachers is that despite marriage equality being the law of the land there is still a lot of living in the shadows,” Estes said.

Estes added, “The idea that I could just offhand mention my partner and what our life is like to students — that isn’t something that just happens for gay teachers. It is a reality for many queer teachers that we might have certain legal rights but in terms of just being ourselves, I think there are a lot of unwritten rules. The assumption that my mentioning my female partner somehow that’s going to be turned into pressure for students to be gay or how-to course on gay culture.”

After harassment became worse, Estes took steps toward greater privacy on all of her personal social media accounts. But students found her professional social media and posted hateful language on a professional video on student discipline produced for her master’s program on school leadership, she said. Estes said she went to administrators again and worked on a plan for a lesson on tolerance, with administrative encouragement but without administrative help, to address the issue. Administrators didn’t approve of her approach and said they’d get back to her with revisions but didn’t. Months later, not long after a student made homophobic comments on a school project, and progress stalled yet again, she went to her union representative.

Estes said that after she went to various teachers union representatives who eventually referred her to a lawyer, she thinks some people in the community perceive her as out to make money, but she wants them to know she is doing this for the LGBTQ community.

“There are students in my classroom that I know are queer and they’re seeing this, like, ‘Holy cow, this is happening to an adult. What would happen to me if I were out with my peers?’” she said.

Thirty-three percent of LGBTQ students said they were physically harassed in the past year because of sexual orientation and 23 percent were physically harassed because of their gender, according to a 2014 survey from the Gay, Lesbian & Straight Education Network (GLSEN).

Estes said that, unrelated to the harassment issue, she mentioned the idea of starting a Gay Straight Alliance (GSA) to administrators. A GSA is a student-led group that gives students in the LGBTQ community a safe space to fully be themselves. Some schools have resisted GSAs after conservative residents and parents objected to the creation of these student-led groups. One school district’s board even considered eliminating all student groups simply to avoid the assertion that they were targeting a GSA.

Although it was not a requirement for other clubs to have administrators or counselors at meetings, Spring View said an administrator or counselor would have to be present at GSA meetings, she said.

In 2016, Estes also put up a GLSEN poster meant to affirm queer and trans students, but the school principal asked her to remove it. She followed orders. After that incident and other indications that staff may not be comfortable with talking about LGBTQ issues, Estes went back to the principal to talk about inclusion at the school. She said the principal said she would “see what the district has in mind” and in the 2017-2018 school year, she broached the issue again.

“I felt strongly that I should be able to hang up the safe space sign. So I went to principal again and said ‘I really need to hang this up’ and she said ‘I’ll look into it in the district and in the meantime don’t do anything until I have given you permission to do so’ and so I didn’t. I followed up with her and nothing happened. She never got back to me. When I approached her again, she said I’m still looking into it.”

After struggling with harassment and what appeared to be a lack of concern from administration on how to make LGBTQ teachers and students feel welcome, Estes, who has had anxiety and depression since her teens, took a mental health leave. She is still on that leave until she feels comfortable going back to work.

Community members have spoken in front of the school board to support Estes after the harassment she experienced for months. During the school board meeting earlier this month, school board president Todd Lowell said the Rocklin Unified School District will make sure that “all our students, staff and families feel welcome, safe and supported” and said Estes’ comments were one side of the story, according to ABC 10.

The Rocklin Unified School District said it could not answer all of ThinkProgress’ questions due to pending litigation. However, in response to a question about whether teachers in the LGBTQ community are expected not to be out in the classroom, Diana Capra, spokesperson for the district, responded, “The District has the same expectations of all its teachers.” When asked about the GSA issues Estes mentioned, Capra said, “While we can not comment regarding Ms. Estes specifically due to pending litigation, we can share with you there are Gay Straight Alliance groups at some of our secondary District schools. They are initiated through the regular process to start a student club.”

Capra added that its middle and high schools have wellness programs for students and staff and plan to include parent, guardian and staff resource nights around social emotional wellness strategies. She said it has sent administrators and staff to The Museum of Tolerance, which the district says help “better understand and support students and staff who are LGBTQ.” Capra said staff is implementing strategies for intervention in situations where people are being treated unfairly. The district will also roll out a plan for inclusivity in its schools “that involves engaging staff in examining belief systems and behaviors before it moves into adopting formal programs and strategies, in order to ensure enduring outcomes for our District so all students and staff feel welcome, safe and supported.”

Estes said she doesn’t want a punitive approach for students who participate in this kind of harassment. She said she wants consequences to be more in line with restorative practices that allow students to talk to each other about the hurt they’re experiencing and repair relationships. She has been working with a lawyer to reach an agreement with the school district but did not reach one at the time she spoke with ThinkProgress.
This article was originally published at ThinkProgress on June 26, 2018. Reprinted with permission. 
About the Author: Casey Quinlan is a policy reporter at ThinkProgress covering economic policy and civil rights issues. Her work has been published in The Establishment, The Atlantic, The Crime Report, and City Limits.

Federal appeals court holds workers can’t be fired for being gay

Wednesday, April 5th, 2017

With a lopsided majority joined by a bipartisan coalition of judges, the United States Court of Appeals for the Seventh Circuit held on Tuesday that discrimination on the basis of sexual orientation violates federal civil rights law, at least in the context of the workplace.

The court telegraphed in an order last October that Hively v. Ivy Tech Community College was likely to be a victory for victims of discrimination in the workplace. The final vote in the case, however, is a bit more surprising.

Eight of the Seventh Circuit’s judges joined Tuesday’s opinion, including Republican appointees Richard Posner, Joel Flaum, Frank Easterbrook, Ilana Rovner, and Kenneth Ripple. Only three judges dissented.

The case involves Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of an employee’s “sex.” Though Title VII contains no explicit statement that discrimination on the basis of “sexual orientation” is prohibited, two crucial Supreme Court precedents inform Chief Judge Diane Wood’s majority opinion in Hively.

The first is Price Waterhouse v. Hopkins, which established that Title VII’s ban on sex discrimination is violated when an employee faces discrimination due to gender stereotyping. Thus, in that case, a female accountant could allege illegal discrimination if she was denied a partnership because her superiors deemed her too masculine. (One partner told her to take “a course at charm school.” Another deemed her too “macho.”)

One of the the core insights of Chief Judge Wood’s decision in Hively is that, because she is a lesbian, “Hively represents the ultimate case of failure to conform to the female stereotype.” Stereotypical women enter into romantic and sexual partnerships with men. Hively defies this stereotype by engaging in such relationships with women. So presuming that she must prefer relations with men is itself a form of gender stereotyping forbidden by Hopkins.

Wood’s opinion also offers several other reasons why sexual orientation discrimination should be understood as a form of sex discrimination. Indeed, as Wood explains, this case is actually pretty straightforward. “Hively alleges that if she had been a man married to a woman (or living with a woman, or dating a woman) and everything else had stayed the same, Ivy Tech would not have refused to promote her and would not have fired her,” Wood writes. If this claim proves to be true, then it “describes paradigmatic sex discrimination.”

In reaching this conclusion, Wood acknowledges that the lawmakers who drafted the Civil Rights Act of 1964 probably did not expect it to be used this way. But the conclusion that Title VII can be read more expansively than its drafters anticipated was embraced by Justice Antonin Scalia’s opinion for the Supreme Court in Oncale v. Sundowner Offshore Services.

Oncale was a case of male-on-male sexual harassment, something that, as Scalia wrote, “was assuredly not the principal evil Congress was concerned with when it enacted Title VII.” But so what?

As Scalia explained, “statutory prohibitions often go beyond the principal evil to cover reasonably comparable evils, and it is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed.”

A prohibition on discrimination “because of . . . sex” was expansive enough to cover male-on-male sexual harassment in Oncale. And it is big enough to encompass discrimination on the basis of sexual orientation. So holds the Seventh Circuit in Hively.

As Wood notes in her opinion, “for many years, the courts of appeals of this country understood the prohibition against sex discrimination to exclude discrimination on the basis of a person’s sexual orientation.” Hively is now an outlier, and the Supreme Court typically takes up cases where the federal appeals courts disagree. It is all but certain to take up this case.

That means the fate of gay and bisexual workers is likely to rest with Justice Anthony Kennedy, a conservative who often provides the fifth vote in favor of gay rights. Whether Kennedy does so in this case remains to be seen—though the lopsided vote in Hively should be an encouraging sign for supporters of LGBT rights.

This blog originally appeared in ThinkProgress.org on April 4, 2017. Reprinted with permission.

Ian Millhiser is the Justice Editor at ThinkProgress. He is a skeptic of the Supreme Court, hater of Samuel Alito, and a constitutional lawyer of ill repute. Contact him at  imillhiser@thinkprogress.org.

GOP Rep Who Voted Down ENDA Claims Gay People Are Already Protected From Employment Discrimination

Thursday, May 10th, 2012

Scott Keyes

StasserAnnieRose

It is not uncommon to believe that someone shouldn’t be fired for their sexual orientation — in fact, ninety percent of voters mistakenly say that federal law protects LGBT people employment discrimination.

It turns out that elected officials hold the same misconception — even ones who voted against such measures. Rep. Kenny Marchant (R-TX) today told ThinkProgress that he believes non-discrimination protections are in place for gay workers and that no “citizen of the United States should be discriminated against for any reason:”

STRASSER: Do you believe in other protections for gay people outside of marriage, things like hospital visitation or protection from being fired in the workplace?

MARCHANT: I don’t think any citizen of the United States should be discriminated against for any reason.

KEYES: So if there were legislation saying it’d be illegal to discriminate and fire someone for being gay…

MARCHANT: Those laws are already on the books.

KEYES: I don’t think that’s a law right now.

MARCHANT: Well, I’m not going to stand here and argue with you. I believe that those protections are afforded every citizen of the United States. Whether those laws are enforced or not, that’s up to the Justice Department. I believe that those rights are on the books.

Watch it:

Rep. Marchant mistakenly thinks gay workplace discrimination is already illegal

Marchant seems to have forgotten about the role he played in blocking legislation that would have enacted the protections he championed today. In 2007, Marchant voted against the Employment Non-Discrimination Act, legislation that would have protected LGBT people from workplace discrimination.

In actuality, an employer is able to fire someone for being gay in 29 states and for being transgender in 34 states, and a huge number of LGBT workers have acknowledged discrimination at work.

Luckily, Rep. Marchant will get the opporunity to renew his commitment to fight discrimination of LGBT workers. A bipartisan group of senators released a letter today calling on Congress to hold hearings about putting a non-discrimination law in place. The Senate Health, Education, Labor & Pensions Committee will take up the issue on June 12.

This blog originally appeared in Think Progress on May 10, 2012. Reprinted with permission.

About the author(s): Scott Keyes is a reporter for ThinkProgress.org at the Center for American Progress Action Fund. Scott went to school at Stanford University where he received his B.A. in Political Science and M.A. in Sociology. He has appeared on MSNBC and TBD Newstalk TV and been a guest on many radio shows. His writing has been published by The Atlantic, Politico, the Christian Science Monitor, and the Chronicle of Higher Education. Scott comes to DC from southwest Ohio, a state very near and dear to his heart.
About the author(s): Annie-Rose Strasser is a Reporter/Blogger for ThinkProgress. Before joining American Progress, she worked for the community organizing non-profit Center for Community Change as a new media specialist. Previously, Annie-Rose served as a press assistant for Representative Debbie Wasserman Schultz. Annie-Rose holds a B.A. in English and Creative Writing from the George Washington University.
The thoughts of this author are the author’s alone and do no represent those of Workplace Fairness

New Research Meta-Analysis Makes Compelling Case For Nondiscrimination Protections

Tuesday, May 8th, 2012

Our guest blogger is Crosby Burns, Research Associate for LGBT Progress.

Today the Center for American Progress, the Human Rights Campaign, and the Williams Institute at the UCLA School of Law released a comprehensive database of research documenting the immediate need for federal policies that prohibit discrimination on the basis of sexual orientation and gender identity. This database includes nearly 40 documents totaling 680 pages of research from the ACLU, the Center for American Progress, the Human Rights Campaign, the National Center for Transgender Equality, the National Gay and Lesbian Task ForceFreedom To Work, and the Williams Institute.

The findings of the research contained in this database are consistent and conclusive: LGBT workplace discrimination is a pervasive and persistent problem that requires an immediate solution. Additionally, this research establishes a strong business case for workplace nondiscrimination laws and policies, examines the potential impact of an LGBT nondiscrimination executive order for federal contractors, and highlights strong public and voter support for workplace fairness.

Given these realities, Congress should pass the Employment Non-Discrimination Act and President Obama should sign an executive order requiring federal contractors to have LGBT-inclusive non-discrimination policies. These actions would bring quick relief to the hundreds of thousands of LGBT workers who face employment discrimination in our country today.

Nondiscrimination-Laws-Map

This blog originally appeared in Think Progress on May 7, 2012. Reprinted with permission.

Miami Anchor Files Sexual Orientation Bias Charge

Thursday, August 6th, 2009

One of the few openly gay TV anchors in the country–Charles Perez of WPLG in Miami–has filed a charge with the local human rights authority alleging sexual orientation and gender discrimination by station managers that resulted in his demotion from weeknight anchor. Perez says his openly gay news director made comments about his performance and on-air presence that reflected anti-gay animus and that he was treated differently from heterosexual news employees.

According to the intake questionairre filed with the Miami-Dade Equal Opportunity Board–Florida does not protect employees from discrimination based on sexual orientation and so the claim would gay bias claim would be brought under local law–Perez says that beginning in March 2009 he was subjected to bias at the hands of news director Bill Pohovey. The turning point appears to be an e-mail that was distributed by Perez’s ex-partner implying Perez was seeking the assistance of a therapist for issues relating to “gender identity issues.”

The allegations–and they are allegations at this point–suggest that Perez had been criticized for being “too anchor-like” and that he needed to lighten up with his female co-anchor, but then was told he should not interact with his co-anchor like “girlfriends.” He also alleges the news director made comments to him about marriage and family that he would never make to a heterosexual employee.

The complaint paints a picture of the news director showing photographs of “conquests” and talking explicitly about sex at one moment and then suggesting Perez was “too soft” the next.

In a statement from the station, Pohevey said “[a]s a gay man myself, I can safely say the Station does not discriminate against gay people. Charles’ claim that the Station discriminates against gay people is untrue and offensive. WPLG has a reputation of being a leader in this community with a very diverse staff. The Station does not discriminate. The Station will bring the facts out in the appropriate legal forum and fully expects to be completely vindicated.”

At this stage of the game, these are classic “he said, she he said” allegations. Perez provides a lot of evidence of conversations between him and the station and makes a number of inferences about the meaning of those conversations. There isn’t a lot of case law to parse out what is considered evidence of sexual orientation discrimination, although he clearly is making the argument that inferences of him being “soft” and “girlfriends” has homophobic overtones.

It’s also not true that a member of the same protected class–another openly gay man, in this case–cannot also discriminate. From same-sex sexual harassment cases to race discrimination cases, courts have never been persuaded that someone of the same protected class can’t also be a harasser or a discriminatory actor.

michael R. Triplett: Michael Triplett is the president of the Washington, D.C., chapter of NLGJA and a member of the NLGJA Rapid Response Task Force. He is the assistant chief of correspondents for BNA.

This article was originally posted at RE:ACT on August 4, 2009 and is reprinted here with permission fromt he author.

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