FORT WORTH – In a preliminary victory for a lesbian former professor, the U.S. District Court for the Northern District of Texas denied a motion Monday by Tarrant County College administrators to dismiss her lawsuit alleging she was prevented from interviewing for a permanent teaching position based on her sexual orientation.
Jacqueline “Jackie” Gill filed a complaint in September 2011 stating she was unable to interview for a permanent position in the English department after her yearlong temporary position had expired.
The co-defendants, English Department Chair Eric Devlin and Dean of Humanities Antonia Howell, sought qualified immunity, which guards state officials from liability unless there is an established law. However, discrimination by public employees based on sexual orientation violates the U.S. Constitution, said Ken Upton, a senior staff attorney for Lambda Legal who is presenting Gill.
“The Supreme Court of the United States has said that that’s not a valid basis for discriminating,” Upton said. “What we wanted to show is that it is clearly established that you don’t get to judge someone’s job performance based on sexual orientation. … (The court) ruled that it was clearly established when they treated Jackie differently presumably based on the fact that they thought she’s a lesbian.”