“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:
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.”
