A transgender teacher who was denied a promotion more than a decade ago must be reinstated with a warrant at Southeast Oklahoma State University because the school discriminated against her, according to a federal court ruling. week.
Rachel Tudor, who was fired from college in 2011, won a major civil rights discrimination case in 2017 in which a jury awarded her more than $ 1 million in damages.
Although a committee of five professors awarded her the academic term during the 2009-10 academic year in a 4-1 vote, the university administration denied her promotion to associate professor, according to a federal ruling of three judges filed with the Tenth Circuit Court of Appeals.
“Given the jury’s verdict in favor of Dr. Tudor, it is established (and now we cannot question) that Dr. Tudor would have been authorized to deal with the 2009-10 period if there had been no discrimination,” he stated. the sentence. “Instead, we are re-establishing Dr. Tudor in the position she would have been if the Southeast had not participated in prohibited discrimination against her.”
The judges also said in the 55-page ruling that a previous court had incorrectly calculated some of Tudor’s lost profits and that the university, which is in Durant, must subsidize its lawyers’ fees, according to court reports.
Tudor is a transgender woman and a dual citizen of the United States and the nation of Chickasaw, according to the lawsuit. She began working at Southeastern Oklahoma State University as an assistant professor in the English department in 2004. She began her transition in 2007, according to documentation.
“Dr. Tudor is looking forward to being the first Native American professor in her department in the more than 100-year history of the Native American Service Institution that is Southeast Oklahoma State University,” he said. his lawyer, Jillian T. Weiss. statement.
“As harmful as it was to Dr. Tudor was discrimination and sexual retaliation, she did not consider it merely personal. Rather, it was a symbol for those who discriminated against her,” the statement said. “They wanted to create an environment where certain opinions and certain people are punished for creating fear and shame instead of self-confidence and opportunities for everyone. They wanted people like Dr. Tudor to be afraid and leave. Instead of going. he, instead of accepting an agreement, conditioned on never teaching in Oklahoma: he fought for the rights and dignity of his native and LGBT communities. “
Southeast Oklahoma State University said that due to a pending lawsuit, it would not publicly discuss the details of the situation. “The University will continue to focus its efforts on educating students as the legal system progresses,” the school said in a statement.
In 2017, a jury found that Tudor was discriminated against by his former employer and awarded him $ 1.1 million in damages. This was reduced to about $ 360,000 in maximum damages, according to the lawsuit.
That year, a jury of eight people voted in favor of Tudor on three counts: that he was “denied the term in 2009-10 because of his gender,” that he was denied the opportunity to apply. the charge in the 2010-11 cycle … for their gender ”and that the university retaliated after complaining of employment discrimination.
Tudor’s problems with the university began shortly after she began her transition, according to court records. She received a phone call from an unnamed HR staffer telling her that an academic administrator had asked to fire her because her transgender identity offended her religious beliefs.
The lawsuit also states that an employee of the counseling center warned Tudor to take safety precautions because some people were openly hostile to transgender people.
In 2015, the Justice Department sued the university, and former Attorney General Eric Holder stated that federal bans on sex discrimination include protections based on gender identity. That lawsuit was resolved by the university and the Department of Justice after the school agreed to certain policy changes aimed at reducing discrimination, court records reported.