Lawyer Commentary Mondaq United States Even The DCHRA Has Its Limits: Court Dismisses Discrimination Claim By Employee Allegedly Terminated For Opposing Gay Marriage

Even The DCHRA Has Its Limits: Court Dismisses Discrimination Claim By Employee Allegedly Terminated For Opposing Gay Marriage

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As Gallaudet University's Chief Diversity Officer, Plaintiff Angela McCaskill was tasked with promoting a diverse and inclusive college community. In October 2012, several of McCaskill's co-workers learned that she had signed a petition to place Maryland's Proposition 6 — a state constitutional amendment that would have banned same-sex marriage — on the ballot. When this fact became more widely known on campus, Gallaudet administrators decided that McCaskill's ability to advocate for her constituents — in particular, the University's gay community — had been compromised.

As a result of that decision, Gallaudet placed her on administrative leave and, ultimately, demoted her. When the University failed to restore McCaskill to her position after the furor had died down, she filed a lawsuit alleging that the University had violated the DCHRA's prohibitions against various forms of discrimination and had intentionally or negligently caused her emotional distress. She also asserted that, after she signed the petition, the University acting through two of its employees defamed her and placed her in a false light. The University filed a motion to dismiss the...

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