Gays’ Job Protection

It has been over a year and a half since two of us gay teachers were forced out of work by the Burbank Unified School District. Since that time, we have sought legal remedies, filing a complaint with the Department of Labor Standards Enforcement.

The department has not been able to resolve our complaint against Burbank in a timely fashion. It has been over a year since the initial complaint. I have only heard from them in January and July of 1992. If the department’s intent is to quickly resolve conflict so that a person could retain their job or obtain reinstatement, then they have failed miserably.

Such long delays will have a negative impact on gays and lesbians seeking their protection.

The major hurdle facing anyone who is discriminated against on the job is deciding when to file a complaint. The California Labor Code requires a person to file a complaint within 30 days of the alleged discrimination with extensions granted for “good cause.”

The “alleged discrimination “ clause has been interpreted to mean the point when a person learns that his or her employment is in jeopardy, such as notice or threat of termination.

The-statute-of-limitation clock starts ticking at that moment and can only be extended if you seek help from some governmental agency. The clock is not extended if you try to work out the problem with your employer or seek help from your union, the American Civil Liberties Union or a gay and lesbian agency.

This is intolerable since the only recourse you have when you are discriminated against is to become highly aggressive and adversarial at work--which most likely will further alienate you from all other employees, including your supporters.

I have subsequently obtained a teaching job with Los Angeles Unified School District at higher pay with excellent performance reviews and schools fighting over my services. The real losers through this entire incident in Burbank are the kids. They have seen that it is acceptable to discriminate against gay teachers.

Other gay and lesbian teachers dare not come out of the closet. Burbank should be ashamed of its school system.

CHUCK STEWART

Los Angeles