Thursday, September 13, 2007

Equal Opportunity Patronization

In an annual presidential address to the University of Texas at El Paso community, Dr. Diana Natalicio released, on September 1, 2007, the University's statement on Equal Opportunity/Affirmative Action and University Policy Statement.

In this statement, Dr. Natalicio outlines UTEP's protected classes, which are: race, color, national origin, sex, religion, age, veteran status, sexual orientation, or disability. Yes, my friends, sexual orientation. Pretty amazing considering we're in the state of Texas, right?

Upon further research, however, I have found that, as published in UTEP's EO & AA Office Brochure (page 2), the University is very quick to point out that sexual orientation is not protected under state and federal law.

What does this mean, exactly? It means that UTEP can claim to be non-discriminitory in regards to sexual orientation, however, there is no legistlation or precedent to actually hold them accountable to this policy.

As stated by a UTEP Human Resources representative during Employee Orientation, gay couples may not claim their domestic partners as a dependent, therefore those partners are not eligible for university benefits.

Really? Even though Dr. Natalicio's memo clearly states, "The University's commitment to equal opportunity principles applies to all aspects of employment, including recruitment, promotion, compensation, benefits, and training?"

Yes, really.

The Human Resources Services Frequently Asked Questions page documents that "eligible dependents include your legally married spouse..." Well, guess what folks (loophole alert!) - the gays can't get married in Texas! Well, you may ask, what if I, a gay man, and my partner, another gay man, got married in Massachusetts, where it is legal? You guessed it - another loophole alert! - Texas (and in turn, UTEP) won't recognize that legal document thanks to DOMA.

So what does this all mean? I'll tell you - it means that UTEP can lure gay and lesbian (and bisexual ... we won't include transgender folks as the policy clearly states "sexual orientation" and not "gender identity") applicants under the guise of equal opportunity when really it is just a fallacy.

Would UTEP be so bold as to withhold benefits from say ... a visiting professor from Spain? A black man? An employee with Cerebral Palsy? I guarantee it wouldn't, even though it does choose to discriminate against another member of the so-called protected class list. And is there anything in place from prohibiting the University to be more blatant in it's discrimination? Do gay and lesbian employees really have security in their employment at UTEP as the institution is so bold to publish such a bogus document without the ability to back it up?

Do I really want to take it there? Yes, and here's why - this list is used as recruiting tool. Natalicio herself has written "the University commits itself to increased recruitment efforts to assure that qulified minorities, women, veterans, and individuals with a disability are represnted in the applicant pool..."

UTEP is unabashedly using it's status as the only school in the University of Texas system to include sexual orientation in its non-discrimination policy.

And in response I say - UTEP, do us all a favor (and by us, I mean the university community), don't patronize. It's beneath you and insulting to the rest of us.