Teacher accuses TC College of discrimination

Gill says English Department chair at Northeast Campus told her the state and the school ‘do not like homosexuals’

Jacqueline “Jackie” Gill
Jacqueline “Jackie” Gill

TAMMYE NASH  |  Senior Editor
nash@dallasvoice.com

HURST — Jacqueline “Jackie” Gill filed suit Wednesday, Sept. 7, against a professor and a dean at Northeast Campus of Tarrant County College in Hurst, claiming that she was denied the opportunity to apply for a permanent, full- time teaching position there because of the English Department chair’s bias against what he perceived her sexual orientation to be.

Tarrant County College adopted a nondiscrimination policy prohibiting discrimination based on sexual orientation on March 9 of this year.

Frank Griffis, director of public relations and marketing for Tarrant County College, said it “would not be appropriate” for school officials to comment on pending litigation. He also said school officials had not yet been served with papers and therefore had not read the complaint.

Gill said she had worked as a full-time temporary English professor for about a year at the Northeast Campus. But when the position was to be made permanent, English Department Chair Eric Devlin refused to allow her to apply for the permanent position.

Gill said when she complained about Devlin to Northeast Campus Humanities Division Dean Antonio R. Howell, he initially seemed to side with her, but after speaking to Devlin, Howell refused to communicate further with her. Gill said although she is a lesbian and has never tried to hide that fact, she had never talked about her orientation with Devlin or anyone else at the school.

Both Devlin and Howell are named as co-defendants in the lawsuit.

Gill is represented in the lawsuit by Lambda Legal South Central Region staff attorney Ken Upton, joined by pro bono counsel Benjamin D. Williams from the law firm of Gibson, Dunn and Crutcher.

Gill and Upton held a press conference Wednesday to announce that the lawsuit had been filed earlier that morning in U.S. district court in Fort Worth. The press conference was held at a Hurst hotel located just a few blocks from the Tarrant County College campus where Gill had taught.

According to the complaint filed Wednesday, and statements Gill made during the press conference, Gill was first hired on a full time, temporary basis as an English professor on Aug. 21, 2009. A little more than a month later, at the end of October, a female “dual-enrollment” student — a high school student who was also taking college classes — in Gill’s distance learning class cheated by stealing an exam and skipped some classes.

The student’s high school counselor told Gill that the student has a history of disruptive behavior, and when the student dropped the class, Gill was told the situation was closed.

On Nov. 9, however, Devlin called Gill into his office and told her the student had accused Gill of “flirting” with female students. Gill denied the accusations, noting that there was always another teacher in the class at the same time.

That’s when Devlin responded with “a lengthy diatribe about homosexuals and how the Texas public views them,” according to the complaint. Gill said Devlin went on to say that Texas is a conservative state and TCC is a conservative school, and that “Texas and Tarrant County College do not like homosexuals.”

Gill continued to teach at TCC, receiving high praise and compliments from students and staff alike, including from Devlin. Then in May 2010, she and other full-time temporary professors were told by Howell that all seven temporary full- time positions were being made permanent, and that they were being re-designated as adjunct faculty until the permanent positions were filled.

Gill said Howell also encouraged her and the other temporary professors to apply for the permanent jobs. Gill applied for all seven but was the only one of the seven temporary professors not hired for the permanent positions. Gill said that she was, in fact, not even allowed to interview for any of the positions, even though her experience and credentials were as good as or better than those who were hired.

Gill said she met with Howell and told him about Devlin’s anti-gay comments and refusal to allow her to interview for the permanent positions. She said Howell promised her to discuss the situation with Devlin immediately, but that he never got back in touch with her.

She said she also got no response when she tried to discuss the situation with the vice president and president of Tarrant County College.

Gill continued to teach as an adjunct professor at the campus through December 2010, although, she said, Devlin’s attitude toward her became “even more hostile.”

And she said that although she was originally assigned classes for the 2011 spring term, as she was preparing for those classes she discovered she had been removed as the professor. When she inquired about the status of the class, Gill said, she was told that Devlin had specifically instructed that those classes be taken away from her.

Upton said that Devlin and Howell violated the equal protection clause of the U.S. Constitution by refusing to allow Gill to apply for the permanent teaching position. He said Gill’s suit is asking that she be allowed to complete the application process and that she be compensated for the time she has been unemployed.

Gill, who is a Ph.D. candidate at the University of Texas at Arlington, said she would love to get a teaching job with TCC, and while she would prefer to work at another campus, she is willing to go back to the Northeast Campus and work again in Devlin’s department.

“I worked hard. I earned it,” Gill said of the permanent position. “I have nothing to be ashamed of. If it [her working in Devlin’s department again] would be awkward for anyone, I think it would be awkward for him [Devlin] because he is the one who was in the wrong.”

This article appeared in the Dallas Voice print edition September 9, 2011.

—  Michael Stephens

Applause: Broadgay at Winspear

Lexus series adds queer event to upcoming season of musicals

What’s gay about ‘Jersey Boys’? The GLBT Broadway subscriber series at the Winspear will tell you.

The Lexus Broadway Series offers a muscular lineup of shows that feature classic stories and contemporary rock ‘n’ roll. But they go one step further in the 2011-12 season with the stage equivalent of special edition DVDs, featuring enhanced performances and pre-show engagements for subscribers — including its gay patrons.

Dallas Voice Life+Style Editor Arnold Wayne Jones will host a conversation every second-week Tuesday about 45 minutes before each show. The series, called GLBT Broadway, will highlight the appeal for queer audiences for the shows in the series. The discussion will touch on issues of gender identity and sexuality in regards to the show and the teams behind them. Some — such as the season lead-off, Hair — might be easier to analyze from a gay perspective than, say, Jersey Boys, but that’s part of the fun of the series.

The season starts with Hair, which won the Tony in 2009 for best musical revival. Youth in 1960s America are all about peace, love and understanding — including nudity and homosexuality — in this iconic musical. Sept. 20–Oct. 2.

The epic Les Miserables follows with a new 25th anniversary production. Dec. 20–Jan. 1.

Best musical Tony winner In the Heights details the immigrant experience as characters find a new life in their new country. March 13–25.

Alt-rockers Green Day went Broadway with American Idiot, touted as a mashup of a rock concert and staged musical. May 8–20.

The season concludes with Jersey Boys and Frankie Valli and the Four Seasons. Classic hits like “Big Girls Don’t Cry” and “Can’t Take My Eyes Off of You” tell the tale of this well-accomplished music group from the ‘50s. June 12–July 15.

Other subscriber series include Broadway University, hosted by SMU theater professor Kevin Hofeditz which will explore themes of the show and its place in theater history (every second Saturday matinee) and Broadway Uncorked (every second-week Wednesday), where an expert sommelier will host a wine tasting based on the show. We wonder what American Idiot’s wine will be.

— Rich Lopez

For more information on the Lexus Broadway Series and its enhanced performances, visit ATTPAC.org.

This article appeared in the Dallas Voice print edition August 26, 2011.

—  Michael Stephens

LOCAL BRIEFS: HRC and LULAC hold Cinco de Mayo

The Human Rights Campaign will partner with the local LGBT chapter of LULAC — The Dallas Rainbow Council to celebrate Cinco De Mayo.

The annual Salsa Cocktails event —featuring dancers, food and high-energy music — takes place at Havana, 4006 Cedar Springs Road, at 7 p.m. on Thursday, May 5.

“We have already confirmed Dallas County Sheriff Lupe Valdez as one of our speakers,” said Kimberly Williams, HRC event coordinator. “Our dance group will also offer free salsa dance lessons for our guests.”

HRC and LULAC will talk about recent national and local successes. The public is invited to attend. The event is free, although a $20 donation to HRC at the door will get two free cocktails and hors d’oeuvres.

“Both HRC and LULAC will have information about membership and ways to get active,” said Jesse Garcia, president of LULAC 4871. “We have great projects coming up this summer. We invite community members ready to get involved to come learn about opportunities to further equality.”

—  John Wright

The lesson of segregation is — further civil discrimination?!

Historically, the evangelical voice was a prominent one in promoting/providing cover for segregation:

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And even when resistance thankfully began to drop, it was still Scripture that often provided the biggest sticking point:

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A “struggle” that endured in some churches for years thereafter (some even to this day):

(Click for full size)

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So when we hear a modern Southern Baptist (and African-American) voice applying God’s supposed lessons in this way…

God calls homosexuality an abomination. It is just as sinful as segregation

-The Southern Baptist Convention’s Craig Vincent Mitchell [SOURCE]

…we can’t help but get a little annoyed. Because while we know that society always learns the right course – Eventually. Inevitably — it’s a shame that the seeming thirst for a minority target keeps leading some to twist and mold the Bible into the kind of civil rights weaponry that most conveniently befits a particular generation’s whims. History has taught us better than that.




Good As You

—  admin

Log Cabin asks court to bar further DADT enforcement

It’s only been a week since a federal court declared DADT unconstitutional in the case brought forward by the Log Cabin Republicans. Now attorney Earle Miller has filed a document requesting that the ban be permanently lifted. (The Advocate):

In a three-page proposed judgment filed to the court on Thursday, attorney Earle Miller representing the gay Republican group asked U.S. district judge Virginia A. Phillips to permanently enjoin the Defense Department “from enforcing or applying the statute and policy known as ‘Don’t Ask, Don’t Tell,’ including any implementing regulations, against any person under their jurisdiction or command, and from taking any actions whatsoever, or permitting any person or entity to take any action whatsoever, against gay or lesbian servicemembers, or prospective servicemembers, that in any way affects, impedes, interferes with, or influences their military status, advancement, evaluation, duty assignment, duty location, promotion, enlistment or reenlistment based upon their sexual orientation[.]”

Miller further requested that all current investigations or discharges of gay service members under DADT be immediately suspended and discontinued.

In a Thursday interview with NPR, Dan Woods, lead attorney in the Log Cabin Republicans case, said, “We want [Phillips] to block any further enforcement or application of ‘don’t ask, don’t tell’ wherever we have military operations – not just in California, not just in this country, but wherever we have military bases anywhere in the world.”

Karen Ocamb has more on this story.

In other, less promising news on the DADT front, Sen. Holy Joe Lieberman is rumbling that breaking a filibuster may not be possible. Kerry Eleveld:

“The question is whether the Senate leadership can negotiate an agreement with the Republicans that will allow the bill to come up and get them to feel that they can introduce amendments that they want to introduce as well,” Lieberman told The Advocate. “But until that happens, I don’t think the votes are there to break the filibuster, which would be a shame.”

Democrats must find 60 votes to break the filibuster the GOP is threatening to mount, meaning they will likely need to sway at least one or two Republicans to vote against their party. But Majority Leader Harry Reid and Minority Leader Mitch McConnell are playing a game of chicken over how many amendments Republicans will be allowed to offer once the Defense authorization bill reaches the floor, putting moderate GOP senators like Sen. Susan Collins in a bind.

…”Senator Collins would like the Senate to proceed to a full and open debate on the defense Authorization bill, with members able to offer amendments on all relevant issues,” said Kevin Kelley. “She has spoken to Senator Reid and encouraged him to work with Republican leaders to negotiate such an agreement so that the bill could be brought to the floor.”

Today was also Servicemembers United’s Lobby Day and meeting of military partners with the Pentagon Working Group, and we’ll have an on-site report from Keori.
Pam’s House Blend – Front Page

—  John Wright

‘ Gay families aren’t real families’ – a NOM supporter further sinks their phony guise of love

crossposted on Holy Bullies and Headless Monsters

One thing that has been deliciously excellent about the National Organization for Marriages' failed marriage tour is it showed NOM supporters in their true homophobic light.

Yesterday, we saw the “state-sanctioned sodomy” guy. Today, its another NOM supporter in Harrisburg.

Watch the entire thing, especially his comparison of gay marriage to pedophilia. But keep a special eye out on his nasty words about gay families and single mother families.

So much for that phony NOM love.

Hat tip to Joe.My.God.

Related post: 
 
A little ' state-sanctioned sodomy' for your Sunday night

Pam’s House Blend – Front Page

—  John Wright

Partner denied sick leave by AT&T

Bryan Dickenson, left, and Bill Sugg hold hands in Sugg’s room at a rehabilitation facility in Richardson on Wednesday, Jan. 27. (Source:John Wright/Dallas Voice)

Despite 100% rating from HRC, company won’t allow gay man time off to care for ailing spouse

JOHN WRIGHT  |  News Editor
wright@dallasvoice.com

Bryan Dickenson and Bill Sugg have been together for 30 years.

For the last 12 of those years, Dickenson has worked as a communications technician for Dallas-based AT&T.

After Sugg suffered a debilitating stroke in September, Dickinson requested time off under the federal Family Medical Leave Act to care for his partner.

But AT&T is refusing to grant Dickenson the 12 weeks of leave that would be afforded to a heterosexual spouse under the act.

As a result, Dickenson is using vacation time so he can spend one afternoon a week at Sugg’s bedside at a rehabilitation facility in Richardson. But Dickenson fears that when his vacation runs out, he’ll end up being fired for requesting additional time off to care for Sugg. Dickenson’s attorney, Rob Wiley of Dallas, said he initially thought AT&T’s refusal to grant his client leave under FMLA was just a mistake on the part of the company. Wiley said he expected AT&T to quickly rectify the situation after he sent the company a friendly letter.

After all, AT&T maintains the highest score of 100 percent on the Human Rights Campaign’s Corporate Equality Index, which ranks companies according to their treatment of LGBT employees. And just this week, HRC listed AT&T as one of its “Best Places to Work.”

But AT&T has stood its ground, confirming in a statement to Dallas Voice this week that the company isn’t granting Dickenson leave under FMLA because neither federal nor state law recognizes Sugg as his domestic partner.

“I really couldn’t be more disappointed with AT&T’s response,” Wiley said. “When you scratch the surface, they clearly don’t value diversity. I just think it’s an outright lie for AT&T to claim they’re a good place for gays and lesbians to work.”

Wiley added that he’s disappointed in HRC for giving AT&T its highest score. Eric Bloem, deputy director of HRC’s workplace project, said Thursday, Jan. 28 that he was looking into the matter. Bloem said a survey for the Corporate Equality Index asks companies whether they grant FMLA leave to same-sex couples, and AT&T replied affirmatively.

“I’m not exactly sure what’s going on, so I don’t really want to make an official comment on it,” Bloem said.

Walt Sharp, a spokesman for AT&T, said the company has “a long history of inclusiveness in the workplace.”

“There are circumstances under which our administration of our benefits plans must conform with state law, and this is one of those circumstances,” Sharp said in a written statement. “In this case, neither federal nor state law recognizes Mr. Dickenson’s domestic partner with legal status as a qualifying family member for a federal benefit program. There is no basis for this lawsuit or the allegations contained in it and we will seek its dismissal.”

Sharp didn’t respond to a request for further comment.

Wiley said Sharp’s statement doesn’t make sense. No law prohibits the company from granting Dickenson an unpaid leave of absence, which is what he’s requesting. Wiley also noted that no lawsuit has been filed, because there isn’t grounds for one.

The federal FMLA applies only to heterosexual married couples, Wiley said. Some states have enacted their own versions of the FMLA, requiring companies to grant leave to gay and lesbian couples, but Texas isn’t one of them.

Wiley said the couple’s only hope is to somehow convince the company to do the right thing, which is why he contacted the media.

“At some point in time this just becomes really hateful that they wouldn’t have any compassion,” Wiley said of the company. “I think the recourse is to tell their story and let people know how AT&T really treats their employees.”

Through thick and thin

This isn’t the first time Dickenson and Sugg have endured a medical crisis.

Sugg, who’s 69 and suffers from congenital heart problems, nearly died from cardiac arrest shortly after the couple met in 1980.

At the time, Dickenson was a full-time student and didn’t have car. So he rode his bicycle from Garland to Parkland Hospital in Dallas every day to visit Sugg in the intensive care unit.

In an interview this week at the rehab facility, Sugg’s eyes welled up with tears as he recalled what a Parkland nurse said at the time – “If that isn’t love, then I don’t know what the hell love is.”

“And sure enough, it was,” Sugg said over the whirr of his oxygen machine, turning to Dickenson. “As long as I have you, I can get through anything.”

Dickenson said in addition to visiting Sugg each Wednesday afternoon, he wakes up at 7:30 on Saturday and Sunday mornings so he can spend the day with Sugg at the rehab facility.

This past Christmas, Dickenson spent the night on the floor of Sugg’s room.
“That would have been our first Christmas separated, and I just couldn’t bear that, him being alone on Christmas,” Dickenson said.

The worst part of the whole ordeal was when he had to return to work after taking 13 days off following Sugg’s stroke, Dickenson said. Sugg didn’t understand and thought his partner had abandoned him for good.

“He called me over and over every night, begging me to please come see him,” Dickenson said. “And I said, ’Honey, you don’t understand, I had to go back to work to save my job.’

“That’s what really hurts about what they’ve put me through, not my pain and anguish, but his,” Dickenson said.

Dickenson said it was 3 a.m. on Sept. 22 when he rushed Sugg to the hospital. Doctors initially said it was “the worst sinus infection they’d ever seen,” but within 48 hours Sugg had suffered a stroke affecting his cerebellum.

Sugg lost the ability to swallow and his sense of balance. He’s still unable to walk and suffers from double vision.

Because he wasn’t out as gay at work, Dickenson initially told supervisors that his father was sick.

When he returned to work after 13 days at the hospital, Dickenson explained that his domestic partner was ill and he needed more time off. His supervisor managed to get him an additional 30 days of unpaid leave.

In the meantime, Dickenson phoned the company’s human resources department and asked whether he’d be eligible for leave under FMLA, which allows 12 weeks (or about 90 days) per year. Dickenson said he was told that since he lives in Texas, he wouldn’t be eligible.

Dickenson filled out the FMLA forms anyway and sent them to the company, but he never got any response.

When Dickenson returned to work, he asked to be reclassified as part-time employee, so he could spend more time with Sugg. His supervisor refused and told him his best bet was FMLA leave, even though he’d already been denied.

That’s when Dickenson contacted Wiley.

Sugg is scheduled return to the couple’s Garland home from rehab in about a week, but he’s still on a feeding tube and will require nursing care. With any luck, he’ll someday be able to walk again.

Sugg bragged that he was able to drink his first cup of coffee last week, and he’s looking forward to getting back to his hobby of raising African violets.

Dickenson said he knows of at least seven medical appointments he’ll have to arrange for Sugg once he returns home. He said his vacation time likely will run out by April, and he fears that if he loses his job, the medical expenses will eventually cause him to go broke.

But Dickenson, who’s 51, said he’s committed to taking care of Sugg, even if it means living on the street someday.

“When it runs out, I’ll be fired, and it really hurts to be in a situation like that, because I’ve worked very hard for AT&T,” Dickenson said. “We suffer now, but maybe other people in our shoes in the future, if they work for AT&T, they won’t suffer like we do.”

—  John Wright

More info on Saturday’s Prop 8 protest in Dallas

If you’re interested in helping out with Saturday’s Prop 8 protest in Dallas but couldn’t make last night’s organizational meeting, there’s plenty of contact info and volunteer opportunities after the jump.

—  John Wright