Based on successful litigation on behalf of some gay teachers, CTA believes that the employer is liable for the discriminatory conduct of parents when the employer adopts or ratifies that conduct. For example, if parents demand that students be removed from a gay or lesbian teacher's class simply because of the teacher's sexual orientation, and the district accedes to this demand, we believe the DFEH would find that to be an unlawful employment practice.
Another new law, the California Student Safety and Violence Protection Act, declares the policy of this state to afford all persons in public schools, regardless of sex, race, national origin or sexual orientation equal rights and opportunities in the educational institutions of this state. (Educ. Code ¤200, 220). Although not yet tested, we believe that this law, coupled with the Government Code provisions discussed above, require a school district employer to protect its employees from discrimination by parents or students.
