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

What’s Brewing: Maryland Senate kills gender identity bill; anti-gay hate crime at UNC

Quinn Matney was attacked and severely burned in an anti-gay hate crime at the University of North Carolina.

Your weekday morning blend from Instant Tea:

1. For a third straight week, LGBT advocates plan to speak during the Dallas County Commissioners Court’s meeting today and call on commissioners to add transgender employees to the county’s nondiscrimination policy. Last month, commissioners voted to add sexual orientation but not gender identity to the policy. The Commissioners Court meets at 9 a.m. in the County Administration Building, 411 Elm St.

2. The Maryland Senate on Monday voted to kill a measure that would have protected transgender people from discrimination in housing, employment and credit — but not public accommodations. The vote marks the second major disappointment this year for LGBT advocates in Maryland, where the House thwarted a marriage equality bill last month.

3. A University of North Carolina freshman says he was attacked and severely burned in an anti-gay hate crime on the school’s campus last week. The UNC administration, which failed to notify students until a week after the attack occurred, now says it plans to report the incident as an anti-gay hate crime to the federal government.

—  John Wright

CORRECTION: All major candidates for Dallas mayor vied for LGBT vote in 2002

In my cover story for this week’s paper, I made a minor mistake. Actually it was fairly major. The opening paragraph of the story, as originally written, stated that 2011 marks the first time in history that all major candidates for Dallas mayor have actively courted the LGBT vote.

As former DV staff writer David Webb pointed out in the comments to the story, that’s not true. In 2002, Laura Miller, Tom Dunning and Domingo Garcia — the three major candidates for mayor — all courted the LGBT vote.

From The Dallas Mornings News on Jan. 15, 2002:

Dallas gays and lesbians, who used to hope that they could just find a candidate who wouldn’t be hostile to their interests, find themselves for the first time being wooed from all directions in what boils down to a three-way citywide race – and disagreeing about whom to support.

“It’s the first time I haven’t had to go vote for the lesser of two evils,” said Deb Elder, a Laura Miller supporter and political organizer. “Nothing has piqued my passion like this mayoral vote.”

Put another way, with major candidates Ms. Miller, Tom Dunning, and Domingo Garcia all touting their support for including gays in a nondiscrimination ordinance, a sector of voters that was shunned not long ago can’t lose this time around.

“It’s historic. I knew it would happen, but I didn’t know it would be this soon,” said Michael Milliken, one of the city’s first publicly identified gay appointees. “The gay community is in a unique position this year.”

I had based my report on statements by openly gay former City Councilman Ed Oakley, who called the 2011 mayoral election “a watershed moment for the community” and “unprecedented.”

While that may be true in some other respects, this isn’t the first time all major mayoral candidates have sought the LGBT vote, and I apologize for the error.

—  John Wright

Study: Gays earn less, suffer more in Oklahoma

Men in same-sex couples in Oklahoma earn 26 percent less than their straight married counterparts, according to a new study on employment discrimination against LGBT people in the Sooner State.

The study, released today by the Williams Institute at UCLA School of Law, also concludes that LGBT Oklahomans are frequently subject to harassment and discrimination in the workplace because of their sexual orientation and gender identity.

The study estimates that there are between 43,000 and 57,000 LGB people working in Oklahoma, along with as many as 6,800 transgender people.

Expanding the state’s nondiscrimination law to include sexual orientation and gender identity would have little impact on state agencies, resulting in only 21-29 additional complaints per year, according to the study.

“Laws that provide protection from discrimination not only benefit employees, but also help businesses recruit and retain highly-skilled employees,” said study co-author Lee Badgett.

To read the full study and press release, go here.

—  John Wright

VA: Nondiscrimination bills to be heard in Senate on Wednesday

Senate Bill 747 (McEachin) and SB 797 (Locke) will be heard in the Senate General Laws Committee on Wednesday, January 26th at 2pm. 

SB 747 would codify protections against discrimination for all state employees, including protection against discrimination based on sexual orientation or gender identity.

 


  • Governors since Linwood Holton have signed executive orders protecting state employees from discrimination in employment.  Warner and Kaine extended this protection to GLBT employees; Governor McDonnell did not include this protection in his equal opportunity executive order substituting an executive directive without the force of law.  It is now time to make nondiscrimination against GLBT employees a codified state policy and extend the protection to all state employees.
  • It is a fundamental American and Virginian value that people who do their jobs, pay their taxes and contribute to their communities should not be singled out for unfair workplace discrimination.
  • 90% of Virginia voters support ending discrimination against GLBT people in government employment.
  • Of Virginia’s 50 largest employers, 24 of the 27 private employers on the list (88%) have nondiscrimination policies.

SB 797 would simply and clearly state that discrimination based on sexual orientation or gender identity is against the public policy of the Commonwealth.

  • The Virginia Human Rights Act states that it is the “policy of the Commonwealth” to “safeguard” all individuals in certain enumerated classes from discrimination.  Adding sexual orientation and gender identity to the list of protected classes in the Virginia Human Rights Act will make clear that it is against Virginia’s public policy for its gay, lesbian, bisexual and transgender (GLBT) residents to be subjected to discrimination just because of who they are. 


What You Can Do
Call or send an email to the offices of the Senators on the General Laws Committee today telling them that you support SB 747 and SB 797!

The names and contact information for the Senators on the Committee are available on live links here.

If you are available and want to testify before the committee on Wednesday, please let our lobbyist, Claire Gastañaga, know by calling her office at 804-521-4067.   That will help us organize our presentations, since we will only have a limited time for our side to present our case.  Keep in mind that you will want to prepare your testimony in advance and limit it to no more than 250 words.

To make a contribution to support our direct lobbying at the General Assembly, click here.

Thanks for your help!

For Equality,

Equality Virginia

Equality Virginia | equalityvirginia.org
403 N Robinson St, Richmond, VA 23220
T: 804.643.4816 F: 804.643.1554
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Pam’s House Blend – Front Page

—  admin

Fla. governor says it’s OK to discriminate based on sexual orientation, age, handicap, religion

Rick Scott

New Florida Gov. Rick Scott, a Republican and teabagger, has issued a non-discrimination order for state employees that not only fails to include sexual orientation and gender identity, but also leaves out some categories that are already protected under state law.

The South Florida Gay News reports that Scott’s nondiscrimination order includes only “race, gender, creed, color and national origin.” The Florida Civil Rights Act – which is state law and trumps Scott’s order — includes “race, color, religion, sex, national origin, age, handicap, or marital status.”

Gay-rights advocates had lobbied Scott to include sexual orientation and gender identity in his nondiscrimination order. Needless to say, they are disappointed:

“Governor Scott’s limited view of diversity is very discouraging,” said Rand Hoch, president of the Palm Beach County Human Rights Council. “Governor Scott did not even include all of the classifications listed in the Florida Civil Rights Act — let alone sexual orientation and gender identity.”

More on Scott from the Wonk Room:

Scott positioned himself as a social conservative during his election campaign, although he rarely addressed equality issues on the stump. He reiterating his support for the state’s now defunct anti-gay adoption law, saying he opposed to “single sex adoption” and insisting that “Children should be raised in a home with a married man and a woman.” His campaign website also says that marriage should be between one man and one woman. During his well publicized brawl with primary challenger and former Attorney General Bill McCollum, Scott attacked McCollum for endorsing the “pro-homosexual rights candidate Rudy Giuliani for president in 2008.″

—  John Wright

Realtors adopt non-discrimination policy

All members of North America’s largest trade organization must comply with amended code of ethics that now includes protection based on sexual orientation

DAVID TAFFET  |  Staff Writer taffet@dallasvoice.com

FAIR HOUSING | From left, Texas Pride Realty’s Bob McCranie and Leslie Wilson, Oregon Realtor Steve Strode, NAGLREP founder and Executive Director Jeff Berger, NAGLREP Director and Legislative Liaison Eric Kodner at the National Association of Realtors national meeting in New Orleans earlier this month after an amendment to the trade association’s code of ethics to include sexual orientation passed. (Courtesy Bob McCranie)

A suburban Dallas homeowner once posted this sign: “For Sale by Owner. No Queers.”

Within the city of Dallas, housing discrimination has been illegal since 2002, and if the ordinance had been in effect at the time, the homeowner could have been fined $500 for violating the city’s nondiscrimination housing ordinance.

But while some found the sign offensive, nothing was done.

The sign is now in the archives at Resource Center Dallas.

And since the National Association of Realtors voted to amend its code of ethics to prevent discrimination based on sexual orientation at its November meeting, that homeowner could no longer receive help from any of NAR’s more than 1 million members. Any Realtor showing that house would be violating NAR’s code of ethics.

NAR is the largest trade organization in North America.

When the National Association of Gay and Lesbian Real Estate Professionals organized in 2007, passing this amendment to NAR’s code of ethics was an original goal.

A NAGLREP board member brought the amendment to the Wisconsin state association. That organization then officially introduced it to the national organization.

In May, NAR’s board of directors approved the amendment, which sent it for final approval by a vote by the general membership.

The amendment passed easily on a voice vote at the national meeting in New Orleans earlier this month. By NAR rules, since the proposal did not pass unanimously, opposition could call for a paper ballot, and an Arkansas Realtor who opposed the measure did just that.

But even with the secret vote, the measure passed with 93 percent of the 25,000 convention attendees voting in favor.

According to Jeff Berger, founder of NAGLREP, the only opposition that was voiced concerned federal fair housing laws that do not include sexual orientation.

“But there wasn’t much resistance,” he said.

Still, opposition was expressed on the group’s blog, Berger said, citing the usual biblical and religious excuses to discriminate. He pointed out that those Realtors writing anti-gay comments on the blog would now be considered to be in violation of the organization’s code of ethics and could be sanctioned.

Berger called the code the industry’s own mini-ENDA.

“Clients can’t be discriminated against,” he said. “Realtors can’t discriminate against each other.”

And everyone who works in an office with a Realtor designation now is bound by non-discrimination policies that include sexual orientation.

Should someone violate the code, Berger said they could be brought before NAR’s grievances committee. If found in violation, they risk anything from a warning to losing their membership and the Realtor designation.

Jeff Updike of RE/MAX Urban in Downtown Dallas serves on the board of NAR.

“I don’t know that it’s going to have a huge impact,” Updike said, but he wasn’t downplaying the significance of the new rule.

Updike believes that any sort of discrimination is just bad business and that any agent that does discriminate will probably not survive in the competitive industry.

Berger said that in the last six months, 10 cases of housing discrimination against gays and lesbians have been documented. An older case in Dallas involving an agent refusing to sell property in Oak Lawn because of the area’s connection to the LGBT community ended with that agent leaving the business. Her license status is “suspended.”

NAGLREP has also been asked to prepare a “best practices” chart for Realtors when doing business with the LGBT community.

“We will be presenting it to NAR at the midyear meeting in Washington, D.C. in May 2011,” Berger said.

The last time the NAR code of ethics was changed, Berger said, was in 1988 to include families with children and people with handicaps. That change was made in conjunction with a change to federal law.

“Our next goal is to see the federal Fair Housing law amended,” Berger said.

Updike would also like federal housing regulations to match the new industry standard. He said he expects NAR to support without lobbying for that change.

This article appeared in the Dallas Voice print edition November 26, 2010.

—  Michael Stephens

Waiting for provisional ballots in non-discrimination measures in Bowling Green

The right-wing effort failed on at least one of the measures to repeal two non-discrimination ordinances in Bowling Green. The margins are very close, but our side won one and is waiting for provisional ballots in the other:

An attempt to repeal two city ordinances that expanded anti-discrimination protections had mixed results in Bowling Green Tuesday.

By a narrow margin in unofficial results, voters upheld an ordinance that expands the list of protected classes in the city’s fair housing code to include sexual orientation, gender expression, gender identity, and marital status, among others.

But by a similarly slim margin, voters repealed a second ordinance that protected those same groups from discrimination in employment, at business establishments and educational institutions, and for city services.

I’m hearing that there are 500 provisional ballots still to be counted. Most of those are Bowling Green students. So, this could still be a double victory.

The Toledo FOX channel reported that the anti-gay forces thought they had won:

The victory party was short lived Tuesday night for the opposition to the anti-discrimination ordinances in Bowling Green.

While the initial “100 percent” of the votes on the Wood County Board of Elections’ Web site showed both ordinances being handily rejected by voters, those results were changed around 11 p.m. when early voting numbers were added in.




AMERICAblog Gay

—  admin

This is why heterosexuals must demand passage of the Employment Non-Discrimination Act

The Employment Non-Discrimination Act (ENDA) would prohibit discrimination in employment based on an individual’s actual or perceived sexual orientation or gender identity.  Federal law already prohibits employers from discriminating based on race, color, religion, sex, physical disabilities, national origin or genetic information about an applicant, employee, or former employee.  Yet it is still legal in 38 states to fire or refuse to hire someone based on their gender identity.  Likewise it is still legal in 30 states to fire or refuse to hire someone based on their sexual orientation.

Because it is lesbian, gay, bisexual and transgender (LGBT) people who suffer from the employment discrimination that ENDA addresses, the legislation is generally portrayed as only benefiting LGBTs and its passage as a sort of “gift” from the mostly heterosexual Congress to LGBT people.  This is an unfortunate distortion.

While it is true that LGBT people are in dire need of the protections ENDA would provide, ENDA is in the best interest of heterosexuals too.  And I’m not just talking about heterosexuals facing employment discrimination because they are perceived to be gay.  The truth of the matter is that everyone benefits when the best person is hired for the job.

This was brought home to me earlier this week when I heard that Judge Anne Levinson was confirmed as the new civilian auditor for the Seattle Police Department’s Office of Professional Accountability by Seattle City Council’s Public Safety and Education Committee.  Her qualifications and commitment to excellence in public service are clear in her distinguished civil service resume.  The Stranger‘s Riya Bhattacharjee summarized:

A Seattle Municipal Court judge from 1999 to 2001 where she dealt with criminal cases, Levinson developed and presided over one of the country’s first mental health courts. She served as chief of staff and then deputy mayor for Mayor Rice and was legal counsel in both the Rice and Royer administrations. Levinson also chaired the Washington Utilities & Transportation Commission-a quasi-judicial body that regulated private telecommunications and energy companies. She is one of the four owners of the Seattle Storm. Levinson was also part of the Seattle Police Chief Search Committee. “It’s important that the chief fosters an environment that actively investigates misconducts and implements reforms when necessary so that the public has respect and confidence in the police,” she says. ‘We have a mutual goal here of treating all citizens equally.” Levinson underscores the importance of encouraging community policing in Seattle. “It’s also important to have early warning systems to identify potential problems,” she says.”

Not insignificantly, Shaun Knittel at Seattle Gay News reminds us that Levinson was one of the state’s first openly LGBT public officials.  Folks around the Blend will recall that as Chair of Washington Families Standing Together, Levinson lead the Approve Referendum 71 campaign to victory in 2009, making Washington the first state in the nation whose electorate ratified an LGBT family recognition (domestic partnership) law at the polls.

So yes, Judge Levinson is a highly-qualified and respected public servant.  She is also a lesbian.  We here in Seattle are protected by several layers of anti-discrimination law at the city, county and state levels, so sexual orientation wasn’t a factor in the City’s decision to hire her.  But I can’t help but wonder if Judge Levinson had applied for the same job in Tampa, say, or Salt Lake City, whether her appointment wouldn’t have been summarily rejected due to a characteristic that has no bearing on her ability to bring excellence to the job.  Such an outcome would not only have been a loss to her as an individual, but to the predominantly heterosexual population she sought to so ably serve.  When heterosexuals discriminate against an LGBT person in employment when the LGBT applicant is the best person for the job, they’re shooting themselves in the foot.

A video of Judge Levinson’s confirmation hearing is below the fold.
If you watch the video directly on Seattle Channel’s website, you can jump to the pertinent part of the video by clicking on “Appointment of Judge Anne Levinson”.  Otherwise, click ahead to about the 24:45 mark.

Cross-posted at Washblog.
Pam’s House Blend – Front Page

—  John Wright

Texas Transgender Summit attendees on Nikki Araguz case: Littleton v. Prange is bunk

Dozens of individuals and organizations meeting at the Second Annual Texas Transgender Nondiscrimination Summit in Houston issued a joint statement Thursday on the Nikki Araguz case. In case you missed it, Araguz is the transgender widow of firefighter Thomas Araguz III, who died in the line of duty earlier this month. Thomas Araguz’s is family is suing Nikki Araguz in an effort to prevent her from receiving death benefits, alleging that the marriage was invalid. Below is the full text of the statement. For a list of signatories, go here.

HOUSTON, Texas (July 22, 2010) — We, the attendees of the Second Annual Texas Transgender Nondiscrimination Summit, issue this statement to demonstrate our support for Mrs. Nikki Araguz and to call attention to her plight and that of all transgender people in the state of Texas.

Mrs. Nikki Araguz legally married a man, and her marriage has been recognized under the laws of the state of Texas. Nikki’s husband, a fireman in Wharton County, tragically was killed in the line of duty, and now other parties are attempting to use the courts to have her marriage legally overturned in an effort to deny her inheritance and insurance.

These parties are claiming that Nikki is not legally a woman under Texas law. Nikki’s opponents are attempting to use an obscure Texas case, Littleton v. Prange (1999), to declare that her marriage should be invalid. The Littleton case says that a person’s gender is determined by chromosomes, not physical attributes. The Littleton case was decided to deny a transgender woman her right to bring a wrongful death suit on behalf of her husband — even though Littleton had legally changed her gender and had been legally married in Texas.

The Littleton case was wrongfully decided at the time, and if taken literally stands for the proposition that a transgender person cannot marry anyone, of either gender, under Texas law. Clearly, this is wrong. Denying anyone the right to marry whom they love is a violation of the most basic freedoms under our laws. To deny the validity of an existing, legal marriage, after one of the spouses has died, as justification for the redistribution of inheritance and insurance, is abhorrent to the values of common decency, fair play, and justice that most Texans hold dear.

We, the attendees of this Summit, extend our heartfelt condolences to Mrs. Araguz, and call for the swift dismissal of this lawsuit so that Mrs. Araguz may be left to mourn her loss in private without distraction or worry for her financial stability.

If necessary, we also call for the courts to consider the Littleton case superseded by the recent changes to the Texas Family Code that recognize a court ordered gender change as definitive proof of identity.

Sadly, discrimination against people because of either their gender identity or expression is common. There are few laws in the state of Texas to address this need. The purpose of our Summit is to find ways to help people confront and overcome the issues now facing all transgender people in Texas and, tragically, Mrs. Nikki Araguz.

—  John Wright