Miller’s lawsuit

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Mock Scenario

Mr. Miller, a 7th grade Math teacher at Panetta Middle School has recently decided to transition. He has not discussed this with you, as his principal, nor is he required to so. However, you become aware of this after receiving several phone calls from parents of students in his class. The parents share that, Mr. Miller decided to “come out” during class and informed the students that he is getting a divorce, is beginning the process of transitioning and would like to be called Ms. Debbie going forward. The parents are irate and demand that Mr. Miller be fired.

Upon conferring with your superintendent, the school district attorney and the human resources department, it is determined that Mr. Miller will be terminated immediately. In his termination meeting, Mr. Miller claims that he is being discriminated against because of gender identity and threatens to sue the school district.

Would Mr. Miller’s lawsuit have any merit?
What are the legal implications of Mr. Miller’s actions and of the school district’s decision?
Do you feel the laws related to teachers’ gender identity, as discussed in the text and the Bostock decision, are applicable to our contemporary schools/ school districts? Why? Why not?
What (if any) changes would you recommend to these laws to address contemporary issues? Why would you recommend these changes?

Sample Solution

Mr. Miller’s potential lawsuit may have merit depending on the state he resides in and the specific circumstances of the case. According to Title VII of the Civil Rights Act, it is illegal for employers to terminate someone because of their gender identity or expression (EEOC 2020). As Mr. Miller was fired shortly after informing his students about his transition, this could be seen as proof that gender identity played a role in his dismissal.

In terms of legal implications for Mr. Miller’s actions, it should be noted that while there are no laws explicitly protecting him based on sexual orientation or gender identity in many states ,there are some which prohibit employment discrimination against employees who engage in protected activities such as disclosing their status as transgender (Lipari 2020). Similarly, if found guilty, the school district could face fines and other penalties including having to revise policies related to diversity inclusion (Rieger et al., 2017).

Ultimately then, while this situation presents numerous difficulties – both legally and ethically -for all involved parties it serves as an important reminder that teachers need better protection from discrimination when sharing personal information with students . The best way to achieve this would be through comprehensive anti-discrimination laws which protect individuals from any form of discrimination on account of gender identity /expression (Mason & Daley 2018 ).

Thusly the discoveries of this report can presume that, while expressions training was fairly elitist beforehand, the presentation of the Ebacc in 2010 made expressions schooling more elitist.

More noteworthy exertion should be made to guarantee that artistic expressions training, that is progressively restricted to the ‘first class’ in the public eye, is made accessible to all. Mediation at an instructive level is important to make a school system that gives all understudies fair and significant training in the craftsmanship branches of knowledge. There is an overall agreement that “Without instructive mediation we are at risk for permitting a two-level framework wherein the most advantaged in friendly and monetary terms are likewise the most advantaged in benefiting financially, socially and by and by from the full scope of social and imaginative encounters” (Warwick Commission Report, 2015).

Ways of guaranteeing that expressions schooling isn’t held for the most financially special in the public eye incorporate the presentation of a new and updated English Baccalaureate. As expressed in the Warwick Commission Report, Improving England: Culture, Imagination and Development (2015), “There is an overall understanding inside the Social and Imaginative Enterprises and industry all the more extensively that the Public authority’s emphasis on Science, Innovation, Designing and Maths (STEM) ought to incorporate Artistic expression (STEAM)”. This overhauled English Baccalaureate, would prompt giving more noteworthy chances to schools and understudies to encounter a decent expressions instruction, while permitting the Ebacc to satisfy its actual aim of “keep[ing] youngsters’ choices open for additional review and future professions” (Division for Training, 2010). The public authority likewise has an obligation to direct confidential foundations, and monetarily support understudies that go to them, in a work guarantee HE and FE offers similar open doors for every single youngster, paying little mind to pay. Government have an obligation, on both a public and nearby level, to make expressions schooling less elitist beyond the ‘customary’ instructive settings; giving chances to less advantaged youngsters to encounter craftsmanship training in a social setti

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