Why We Need Anti-Discrimination Laws

At Southeastern Oklahoma State University a professor was denied tenure and was fired not because of her ability to teach but because of who she is.

Transgender professor denied tenure, terminated
Daily O'Collegian
By Kim Dyer-Fischer
Opinion Columnist
Published: Tuesday, April 26, 2011
Updated: Wednesday, April 27, 2011

Despite the complete support of her colleagues and direct superiors within Southeastern Oklahoma State University's English, humanities and language department, Rachel Tudor, a professor of American and Native American literature, modernity and theory, humanities, composition and philosophy, has been denied tenure and informed that her employment will be terminated as of the end of this spring semester.

According to Claire Potter, a professor of American studies and history at Wesleyan University, Tudor has an amazing record as a scholar, teacher and colleague at the university and has been highly recommended by the tenure review committee. However, the dean and vice president of academic affairs deem Tudor's "lifestyle" inappropriate, so they have taken actions to make sure Tudor leaves.

So why is she being fired? It is because she is transgender. The Faculty Senate voted to give her tenure but was overturned by the interim vice president for academic affairs, Doug McMillan. He overturned the Faculty Senate recommendation even though he was required to follow their recommendation unless there was "compelling reason" or that "exceptional circumstances". The article goes on to state,

After her complete transition, the human resources department told Tudor she could only use the single handicap bathroom located quite a distance from her office. As a result, she could only assume that Douglas McMillan, the vice president of academic affairs, made such an outrageous request.

In the past, for instance, he had openly asserted that Tudor's lifestyle "offends his Baptist beliefs." Discrimination in the workplace is illegal, but when officials hide their true intentions in rewritten policies and administrative bullshit, such cases are hard to prove. Unfortunately, this is where Tudor finds herself.

When a person holds a government job, they must treat everyone equally regardless of their religious beliefs to do otherwise denies people of their rights to “equal protection” under the 14th Amendment.

My alma mater (I guess I can use that now even though I graduate on Saturday) does not have gender identity or expression in their diversity statement they do consider discrimination based on gender identity or expression (GIE) is protected under sex discrimination. In correspondence with the Office of Diversity and Equality (ODE) I tried to have GIE added to the diversity statement. They did acknowledge that GIE was covered under sex discrimination and that discrimination complaints could be brought under sex discrimination. However, I pointed out that they should be proactive and incorporate GIE in their policy.