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Justice Dept. Sues Okla. State School for Firing Trans Professor

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Yesterday, the US Justice Department filed a federal lawsuit against an Oklahoma state university, alleging that the school’s leadership conspired to force out an assistant professor because of her gender transition in violation of the 1964 Civil Rights Act.

“This is one more sign that no matter where you live, transgender people don’t have to put up with workplace discrimination—federal laws protect us,” said NCTE Policy Director Harper Jean Tobin. “While we need to make those laws more explicit, so everyone understands and there is no doubt—the protection is there, right now, for those who need it.”

According to the complaint, Rachel Tudor began teaching at Southeastern Oklahoma University in 2004, and transitioned to living and working as a woman in 2007. When she applied for tenure in 2009, the administration overrode the recommendations of her colleagues to reject her application, without explanation, and refuse to let her reapply. Without tenure, she was pushed out of the job. The complaint cites several indications that administrators ignored typical procedures specifically in order force Ms. Tudor out due to her transgender status.

Attorney General Eric Holder, who in December 2014 issued a memorandum formalizing the Justice Department’s view that sex discrimination laws protect transgender people, issued a statement:

By standing beside Dr. Tudor, the Department of Justice sends a clear message that we are committed to eliminating discrimination on the basis of sex and gender identity. We will not allow unfair biases and unjust prejudices to prevent transgender Americans from reaching their full potential as workers and as citizens. And we will continue to work tirelessly, using every legal tool available, to ensure that transgender individuals are guaranteed the rights and protections that all Americans deserve.

The case, United States of America v. Southeastern Oklahoma University and the Regional University System of Oklahoma, follows several similar federal lawsuits filed against private businesses and marks the first time the federal government has sued a state for anti-transgender discrimination.

If you or someone you know has recently faced discrimination on the job, use our workplace Know Your Rights resource to find out what you can do.

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