
This
lawsuit comes at a time of increased focus on the rights of gay, lesbian,
bisexual, transgender, and queer individuals. As covered in a previous post, the Equal Employment Opportunity Commission’s current
strategic plan identifies GLBTQ rights as an enforcement priority, and the EEOC
has ruled that Title VII’s sex discrimination prohibitions extend to sexual
orientation and gender identity. The EEOC’s position makes it likely that employees
will pursue sexual orientation and gender identity claims under federal law, with
expanded options for damages.
In addition to helping to shape an evolving legal landscape,
the UMD case is likely to be a high profile one. Prior to the University
announcing last December that Miller’s contract would not be renewed, Miller
was the highest-paid women’s hockey coach in the country and had helped the
team win five national championships. In her complaint, Miller alleges multiple
instances of inaction by the University’s HR department, including claims
that no remedial action was taken after she was called a “dyke” by a male
coworker, received harassing mail, and was excluded from an athletics
department golf tournament. The University has stated that the nonrenewal of
Miller’s contract was due to financial restrictions, but Miller’s lawsuit
counters that these financial restrictions did not affect the men’s hockey
coach who earns $93,241 more per year than Miller did.
Like Miller, Banford alleges that she received harassing
mail. She also claims that she received conflicting messages about her future
employment with the University around the time that Miller’s contract was not
renewed. In turn, Wiles claims that a hostile work environment at the University
forced her to resign this past summer. Wiles contributes the hostility to her
coming out as a lesbian in 2013.
In
a statement to the Star Tribune, UMD Chancellor Lendley C. Black denied that the University discriminated
against the former coaches and stated, “I’m quite confident that throughout this process, it will be made clear
that our decisions were made in the best interests of UMD. I’m confident we
made the right decisions.’’
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