Miller’s lawsuit
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 ).
