Gay Discrimination of Kentucky School Employees

POST MOVED BY ADMINISTRATOR
The story is true but the names in this post have been changed for protection purposes:

My name is Mr. Well Known and I have worked in XXX School District for 22 years. Since becoming employed in XXX School District I have climbed the executive ladder and am now a Central Office Supervisor. I have been a supervisor for 12 years and I rank only below the Superintendent and Assistant Superintendent in terms of authority in my district. I have applied for superintendent positions across the state and was selected as a finalist in one county. In summary, I have many letters of recommendation regarding my character and work ethic as an employee. In other words I do my job and I do it well. I applied for Superintendent against our newly elected Superintendent, Mr. Big, but was unsuccessful. My record and evaluations are impeccable, yet I feel threatened as an employee.

Earlier this year, I hired Mr. Gay, as an employee. Mr. Gay is gay (imagine that lol). Mr. Gay has been part of a hostile work environment ever since he was employed here. On several occasions Mr. Gay has walked down the hallway and Superintendent Big has leered towards me in disgust as if people like Mr. Gay make him sick. On one occasion Mr. Big told me that he hates gay people (not knowing that I was gay). Just a couple of weeks after Mr. Gay was employed Mr. Big emailed a former employee (Mrs. Famous) in the district telling her he would love to have her back and would like to replace Mr. Gay with her. He also said he didn't know if the new guy (Mr. Gay) was going to work out even though Mr. Gay had just started his job. I know this because Mrs. Famous told me.

Mrs. Big Mouth (payroll clerk) and Mr. Highwaters (Director of Pupil Personnel) have made many snide comments to me regarding Mr. Gay not knowing that outside of the workplace we (Mr Gay and I) have a relationship (as there is no policy against this). Mrs. Big Mouth stated that Mr. Gay was a thief and was fired from his previous job because of theft (this is not true). She also said that Mr. Gay likes boys and was a "waitress" at a local restaurant. She even went on to say that he dressed in women's clothing (this is not true). Mr. Gay was faxing a paper and heard my entire conversation with Mrs Big Mouth. He became very upset.

Additionally, Mr. Highwaters has made fun of the way Mr. Gay walks up the hallway. Mr. Highwaters says he "prances." Mrs. White Hair, a secretary, along with Mr. Highwaters confronted me and asked if I was gay. Many rumors have started at the office. Mrs. White Hair has even emailed Mrs. Famous, a state employee telling her she thought I was gay.

I immediately reported this to the assistant superintendent in our district (Golden Girl). She didn't want to address the issue unless Mr. Gay filed a formal complaint. Since Mr. Gay was new to the district he didn't want to file a complaint and stir things up. I was later told by Mr. Gay that the week before all of this happened Asst. Supt. Golden Girl patted him on the butt in front of another employee.

Next, the district finance officer came to me and said that the new Special Program Director Mr. Tall would not be paying Mr. Gay out of the Special Program fund (even though he was hired through that fund and had a 1 year contract). I asked why and she said the director had no use for him in the program and wanted to know if i had any additional funding to pay him from. Mr. Gay had a 1 year contract with The Special Program and Public Relations. It doesn't make sense how someone can be moved out of a fund in which they have a contract for.

I told the finance officer to take him out of two of my programs for the reminder of the year. Mr. Gay was assigned to my programs so he could be paid out of them. On October 24th the finance officer came to me again and said the Superintendent, Mr. Big, was moving Mr. Gay from my programs. I assume this was done to be sure I could no longer take him out of my funding and there would be no money to hire him back for the 2009-2010 school year). 3 District employees became upset when Mr. Gay was moved out of my program. Mr. Hot Air (one of my best employees) said that Mr. Gay had been doing the best job ever done with his new position and hated to see him leave.

Later I was called into Mr. Highwaters office (Director of Pupil Personnel). Mr. Highwaters informed me that Mr. Big (Supt.) and the school principals knew i was gay and would be watching me and my work performance especially close. Ever since Mr Big found out I was bisexual I have been treated differently. I feel uncomfortable going anywhere with Mr. Gay for anything work related at all.

In fact, Mr. Gay and I make a special effort to not even be seen together. We don't want to start drama.

On Monday October 27th Mr. Gay, 10 other of my employees and myself planned to attend the an education conference. The conference was mandatory. Since I am the direct supervisor for all 3 programs involved I asked to attend as well (because supervisors always go to their program conferences). All wanting to attend filled out an Absence Request form. Superintendent Big originally denied both Mr. Gay and my request. He approved the other 10. He sent his secretary Mrs. Snotty to tell me there were no funds available. I sent the requests back by Mrs. Snotty and told her to tell him I had funding available to go on the trip. He decided to send Mr. Gay only and not me. Mrs. Snotty brought my request back and said that Mr. Big denied my request. I assume he didn't want us to go on an overnight trip together because of all of the rumors about us both being gay. Boyfriends and girlfriends and husbands and wives are never denied. I had even requested two separate rooms for us so there would be no such concern. Funny thing is... Mr. Big never even looks at funding sources on any of the request forms up until now. I have tons of forms where he has always signed anything...Our requests are the only ones that have been denied. In fact, I have copies of several travel requests where he has approved trips without even knowing where the money was coming from. Just a week earlier Mr. Big said in front of a large group of people not to worry about funding for anything. He could get the money for anything.

Later that day, I confronted Mr. Big about the request. Mr Big told me he had no funding, and looked in his planner and tried to avoid the subject until he could think about what he needed to say. I reminded Mr. Big that the conference was for all of the programs under my direct supervision and that Coordinators always go to their conferences. Mr. Big said he was going to the conference on Tuesday and that he would take care of the mandatory part.

I reminded Mr. Big that he had sent me an email earlier about applying for a New Grant and the new grant writing training was part of the conference. Mr. Big then struggled for words and decided to send me to the conference, but only on Wednesday and I was to drive up that day (not go up overnight). So I then canceled my hotel room and Mr. Gay stayed overnight but I didn't.

To my knowledge, I am the only Supervisor in the office not allowed to attend a conference for programs directly related to their job. I am sure it is because of my sexual orientation. Throughout the year I have been badgered by Mr. Big on several occasions. He has accused me of signing forms that I did not sign. He has asked me if I was "Judas". He has called me on his cell phone and screamed "Where are you?"

Yesterday, Mr. Gay found an email laying on a shared printer from the Board Attorney where that Mr. Big is planning on firing Mr. Gay. Funny thing is... Mr. Big has only seen Mr. Gay like 2 times since he has been employed. I am Mr. Gay's direct supervisor and he does a great job. Additionally, 10 peers have evaluated Mr. Gay and gave him exemplary marks on his work performance as well. How can Mr. Big evaluate someone he has very little dealing with?


Update
Today, Mr. Gay received an Email from Mr. Big (Superintendent) asking for records of all the work he has done during the past 6 months. Funny thing is....He is now going to give Mr. Gay an evaluation on work that he has never seen before even though he has already told the board attorney that his work is sub par....Don't you have to see someone's work before you can evaluate it? Yet, he has already formed his opinion because Mr. Gay is gay. I guess we all know what is coming...

Additionally, Mr. Big invited me to his office and then complained about all of the programs that I supervise. Later in the day Mr. Big sent me a nasty email and carbon copied it to Golden Girl (Asst. Supt) to threaten me.

At this point I fear for my job and Mr. Gay's as well. Mr. Gay is also a willing partner in this request. What should we do??? Thanks!!![b]

Is Mr Gay in a Union,and what state does he reside? Mr Gay has Constitutional rights as a public employee. The big one is due processes.

Mr. Gay is not in a Union. He is a classified employee not certified. However he is a Public Relations Director....In Kentucky we have Tenure. This is his first year as an employee so he is not tenured yet. However I am.

Mr Gay needs an attorney that specializes in these matters. This office practices in Northern Kentucky Ohio http://www.newman-meeks.com/WebResources.shtml
Hear is the Intake form http://www.newman-meeks.com/StaticForm.shtml

They can not fire a public employee without some type of due proses.
JoeC (McGruff)

Just sent them an email.... Thanks!!!!

Did you use the intake form? If they help you let us know it is an interesting question that does not appear often on these type of boards. The two advantages is the salary is high ,and the employee has constitutional protections. Any way keep us posted especially if litigation ensues.
JoeC (McGruff)

Here is a link to some state court decision the lead being Morrison v. State Board of Education (California, 1969).
http://www.uvaqueerhistory.org/Documents/19781101_SCPA_%20Rights_Gays_Education.pdf
JoeC (McGruff)

Since you are both state employees there are constitutional issues that come into play. Even though sexual orientation is not considered a classification subjected to heightened scrutiny by the Supreme Court there have been times where the Court has used what is commonly called "rational basis plus" scrutiny where sexual orientation is the classification being subject to some sort of discrimination.

I would tend to think that an attorney could have a field day with what has gone on in your particular situation. Besides the defamation, libel and slander common law issues he would have a ball with the 14th amendment due process clause.

Also consider that there is an employment contract involved as well as the issue where state employees have due process rights in the employment context. Fun, fun, fun.

If i were you I would definitely retain council. I'm guessing that once the board of education receives a letter from council on your behalf heads will surely start to roll.

These sorts of suits have, at times, resulting in some pretty large damages. God forbid if they fire your friend. I see seven figures in your future with a lot of supervisors lives totally ruined.

Can you say “I own your home"?

Good luck and good hunting.

God, I can't want to be the guy taking this stuff to court.

Eric

I wish I could share your enthusiasm Sposito, I will be happy if he gets a lawyer first before remedies are come in to play. If the attorney excepts the case then this bulletin board functions the way it should. I hope Eric is correct.
JoeC (McGruff)

TOPIC MERGED FOR CONVENIENCE
I go to a gay Church with only Gay Members. To be a member in the Gay Church you must be gay.... Being gay is part of my religious beliefs.....Does this protect me from discrimination as being gay as part of a federally protected class (religion)????

Sounds like a horse that wont run you cant possibly be serious, did you contact an attorney yet?
JoeC (McGruff)

gayeducator wrote:TOPIC MERGED FOR CONVENIENCE
I go to a gay Church with only Gay Members. To be a member in the Gay Church you must be gay.... Being gay is part of my religious beliefs.....Does this protect me from discrimination as being gay as part of a federally protected class (religion)????

The disparate treatment has to be because the employer acted based on a discriminatory reason. In other words, the reason for the employers adverse employment action has to be because the employee was a member of a protected class. Under title VII sexual orientation is not a protected class. The classes of individuals that are protected are based on race, color, religion, gender, and national origin. The ADA adds dissabilities (which leads to a cost benefit analysis in determing what consitutes a reasonable accomodation) and the ADEA which protects individuals based on thier age (which leads to a lot of dissapointed plaintiffs).

Your situation is unique because you are a public employee, and therefore come under the protection of the 14th amendments due process clause. If you were employed in the public sector you would have a difficult time coming up with a cause of action. Your religion requiring you to be gay doesnt make muster, or so I think. There are no recognized mainstream religions in the United States that require, by theology, that thier members be gay. Don't bother trying to convince anyone otherwise. It is not goint to fly.

I hope by now you've contacted an attorney, or at the very least contacted the ACLU. The time for posting has come and gone. Its time to act.

Eric