Sexual Harassment in the Workplace Initiative (Part 2) Launched by DOJ

Department of Justice
Office of Public Affairs
Wednesday, February 28, 2018

Justice Department Launches Initiative to Fight Sexual Harassment in the Workplace

The Justice Department’s Civil Rights Division today announced a second initiative to combat sexual harassment; the effort announced today—the Sexual Harassment in the Workplace Initiative (SHWI)—focuses on workplace sexual harassment in the public sector.

The Justice Department’s Civil Rights Division enforces Title VII of the Civil Rights Act of 1964 against state and local government employers. The law prohibits discrimination in employment on the basis of race, color, national origin, sex, and religion. Sexual harassment is among the conduct prohibited by the law because it is a form of sex discrimination.

The Justice Department will also announce its first enforcement action brought under the SHWI. The Justice Department will file a lawsuit against the City of Houston, alleging that the Houston Fire Department (HFD) discriminated against two female firefighters on the basis of sex in violation of Title VII when it allowed them to be subjected to sexual harassment in the workplace.

The City of Houston lawsuit filed on 2.28.18 is here:

https://www.justice.gov/opa/press-release/file/1040081/download

As part of the Initiative, the Justice Department will continue to bring sex discrimination claims against state and local government employers with a renewed emphasis on sexual harassment charges. The Department will also work to develop effective remedial measures that can be used to hold public sector employers accountable where Title VII violations have been found, including identifying changes to existing employer practices and policies that will result in safe work environments.

Through the Initiative, the Department will also conduct outreach to state and local government employers that centers around five critical areas: (1) creating trusted and safe avenues for employees to report sexual harassment; (2) ensuring management support for anti-discrimination policies and practices; (3) implementing accountability measures to ensure the timely and effective resolution of sexual harassment complaints; (4) adopting comprehensive anti-sexual harassment policies and procedures that include regular, tailored, and interactive training for employees; and (5) providing safeguards against retaliation for persons who report sexual harassment and for employees who support them.

“All Americans are entitled to work with dignity in a place that is free of sexual harassment,” said Acting Assistant Attorney General John Gore for the Civil Rights Division, in announcing the Initiative. “Through enforcement actions, effective remedial measures, and outreach, the Justice Department—under Attorney General Jeff Sessions’ leadership—will fight to eliminate sexual harassment among public sector employers.”

The creation of this Initiative reflects the Department of Justice’s commitment to the aggressive enforcement of the nation’s anti-discrimination laws and an expansion of the Civil Rights Division’s efforts to eradicate sexual harassment under the leadership of Attorney General Jeff Sessions.

In October 2017, the Justice Department announced the Civil Rights Division’s first initiative to combat sexual harassment, the Sexual Harassment in Housing Initiative. In 2017, the Justice Department recovered more than $1 million in damages for victims of harassment in housing. Many instances of sexual harassment in housing continue to go unreported. The Justice Department’s investigations frequently uncover sexual harassment that has been ongoing for years or decades and identify numerous victims who never reported the conduct to federal authorities.

Additional information about the Civil Rights Division, its enforcement of Title VII and other civil rights laws it enforces is available on its Web sites at http://www.justice.gov/crt/ and http://www.justice.gov/crt/emp.

Transgender Professor Wins Landmark Decision in Discrimination Case: Awarded $1.165 million

“During that time, the human resources employee warned Dr. Tudor that Southeastern’s Vice President for Academic Affairs, Dr. Douglas McMillan, had inquired whether Dr. Tudor could be fired because her “transgender lifestyle” offended his religious beliefs.”

In November 2017, a federal jury award Dr. Rachel Tudor more than one million dollars in a Civil Rights Lawsuit filed by the United States Justice Department.

Background:

On March 30, 2015 The Justice Department announced it was filing a lawsuit alleging that Southeastern Oklahoma State University discriminated against transgender woman and the Regional University System of Oklahoma for violating Title VII of the Civil Rights Act of 1964 by discriminating against a transgender employee on the basis of her sex and retaliating against her when she complained about the discrimination.

Attorney General Eric Holder announced in December 2014 that the Department of Justice takes the position that Title VII’s prohibition against sex discrimination is best read to extend the statute’s protection to claims based on an individual’s gender identity, including transgender status.

According to the United States’ complaint, filed in federal district court in Oklahoma City today, Rachel Tudor began working for Southeastern as an Assistant Professor in 2004.  At the time of her hire, Tudor presented as a man.  In 2007, Tudor, consistent with her gender identity, began to present as a woman at work.  Throughout her employment, Tudor performed her job well, and in 2009, she applied for a promotion to the tenured position of Associate Professor.  Southeastern’s administration denied her application, overruling the recommendations of her department chair and other tenured faculty from her department.  The United States’ complaint alleges that Southeastern discriminated against Tudor when it denied her application because of her gender identity, gender transition and non-conformance with gender stereotypes.

In 2010, Tudor filed complaints regarding the denial of her application for promotion and tenure.  Shortly after it learned of her complaints, Southeastern refused to let Tudor re-apply for promotion and tenure despite Southeastern’s own policies permitting re-application.  At the end of the 2010-11 academic year, Southeastern and RUSO terminated Tudor’s employment because she had not obtained tenure.

Tudor filed a charge of discrimination with the Oklahoma City Area Office of the U.S. Equal Employment Opportunity Commission, alleging that Southeastern’s decisions were unlawful.  The EEOC investigated the charge and determined that there was reasonable cause to believe discrimination occurred.  The EEOC’s attempts at conciliation were unsuccessful, and it referred the matter to the Department of Justice.

Attorney General Eric Holder announced in December 2014 that the Department of Justice takes the position that Title VII’s prohibition against sex discrimination is best read to extend the statute’s protection to claims based on an individual’s gender identity, including transgender status.

Read the full complaint filed by the United States here:

https://www.justice.gov/sites/default/files/opa/press-releases/attachments/2015/03/30/doj-eeoc_complaint.pdf

ADDITIONAL FACTS LISTED IN THE COMPLAINT:

Dr. Tudor’s Employment at Southeastern Oklahoma State University

In 2004, Dr. Tudor began working at Southeastern as a tenure track Assistant Professor in the Department of English, Humanities, and Languages (the “English Department”). At that time, she presented as a man and went by a traditionally male name.

Dr. Tudor was the first transgender professor ever to work at Southeastern.

In the summer of 2007, Dr. Tudor notified Southeastern that she planned to transition from male to female and begin to present as a woman at work during the 2007-08 academic year.

After she informed Southeastern about her transition, Dr. Tudor received a phone call from an employee of Southeastern’s human resources office to discuss various issues related to her gender transition. During that time, the human resources employee warned Dr. Tudor that Southeastern’s Vice President for Academic Affairs, Dr. Douglas McMillan, had inquired whether Dr. Tudor could be fired because her “transgender lifestyle” offended his religious beliefs. The human resources employee told Dr. Tudor that Vice President McMillan had been told that Southeastern could not fire her because she was transgender.

During the 2007-08 academic year, Dr. Tudor began to present as a woman at work by, among other things, wearing women’s clothing, styling her hair in a feminine manner, and going by the traditionally female name Rachel.

After Dr. Tudor began presenting as a woman, Jane McMillan, the director of Southeastern’s Counseling Center, told her that she should take safety precautions because some people were openly hostile towards transgender people. She also told Dr. Tudor that Vice President McMillan (who is her brother) considered transgender people to be a “grave offense to his [religious] sensibilities.”