It's the Teaching, Stupid!

The trouble started in October 1998 when a parent demanded her child be removed from Alta Kavanaugh's class, claiming that Kavanaugh's mentioning her lesbian partner in class had created a "hostile learning environment." The parent also said she did not want her daughter taught by "the lesbian teacher."

In early 1999, with the assistance of Lambda Legal Defense and Education Fund and the California Teachers Association, Kavanaugh filed a complaint with the California state labor commission alleging administrators had discriminated against her by removing one of her students from the classroom in response to the parental complaint and request. Her complaint was also supported by the Hemet Teachers Association.

Fast Fact "I believe she was teaching tolerance in the classroom, and she was being sneaky about it" Janice Bertrand on why she wanted her daughter removed from Kavanaugh's classroom.

Kavanaugh prevailed at the initial hearing with the California State Labor Commission ruling that the Hemet, California, school district unlawfully discriminated when it removed the girl from the class at her parents' request. The district was ordered to post notices at schools and headquarters saying that it had violated a state law prohibiting sexual orientation discrimination in employment.

Additionally, the labor commissioner ordered officials not to remove students from Kavanaugh’s classroom and to delete all adverse records from Kavanaugh’s personnel file and ordered that the district pay approximately $10,000 for Kavanaugh's fees.

The school district appealed to the State Department of Industrial Relations, the state’s highest level of administrative appeal.

On Monday June 19, 2000, Director Stephen Smith's decision supported the January ruling of the State Labor Commission.

This is the second successful case in two years preventing school districts from removing students from classes because the teacher is lesbian or gay. In 1999, another award-winning teacher, James Merrick, faced the same discrimination at his Bakersfield school. Ultimately, the state labor commissioner ruled in his favor as well.

Both rulings cited the California Labor Code that prohibits employment discrimination based on actual or perceived sexual orientation.

In addition to awarding costs The Commissioner and the CDIR instructed the school district to conduct mandatory training with district administrators concerning the rights of lesbian and gay teachers, and to post a notice of the district’s violation of the law throughout the school and district headquarters.

The district may now either comply with the decision or take the case to Riverside County Superior Court. The district has 20 days to provide written notice to the state of its intention to comply or to file an appeal with the Superior Court.

In pride,
Deborah

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