Know Your Rights

Tulane University values an open and affirming learning and work environment, void of homophobia, heterosexism, transphobia, sexism, and other forms of gender- and sex-based bias and discrimination. If you have seen homophobic or transphobic graffiti or language used on campus or witnessed or experienced harassment, a bias incident, a hate crime, or discrimination, please (1) submit a report online and (2) contact the Office for Institutional Equity (OIE).

Office of Human Resources & Institutional Equity
Ruth Riley, Assistant Vice President
Tiffany Smith, Manager
Email: oie@tulane.edu
Phone: (504) 862-8083
1555 Poydras Street, Suite 964
New Orleans, LA 70112

The Office for Gender and Sexual Diversity and the Office of Multicultural Affairs can assist you in filing a report, and/or mobilizing resources to address the issue. In any case, please do contact someone (even if only via email) so that the University has an accurate understanding of the climate on campus.

Note about Online Report Submissions
Please promptly report issues and incidents online so that appropriate action can be taken in a timely manner. You can choose to make your online report anonymous by leaving out any identifying information. Although the more information we have the better, we respect your right to privacy and remaining anonymous is a perfectly viable option.
 

Bias and Hate Crimes

What Constitutes a Bias Incident?

Bias is a pre-formed negative opinion or attitude toward a group of persons who possess common characteristics, such as skin color or gender expression, or cultural experiences, such as religion or national origin. Bias incidents involve actions committed against a person or property that are motivated, in whole or in part, by their bias against race, religion, sexual orientation, ethnicity, national origin, ancestry, gender expression or identity, genetic information, age, or disability. By contrast, a hate crime is a criminal offense committed against a person or property that is motivated, in whole or in part, by bias against a race, color, ethnicity, national origin, sex, gender identity or expression, sexual orientation, disability, age or religion. All hate crimes are bias incidents, but not all bias incidents are hate crimes.
 

What Constitutes a Hate Crime?

A hate crime is a criminal act of violence where the perpetrator has selected the victim because of the person's actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability. In 2009, new federal hate crime legislation (the Matthew Shepard & James Byrd Jr. Hate Crimes Prevention Act) expanded the scope of a 1968 law to include gender, sexual orientation, gender identity, and disability, in addition to race, religion, and national origin. The U.S. Justice Department gained expanded authority to prosecute hate crimes when local authorities do not. In the state of Louisiana, hate crime legislation includes "actual or perceived" sexual orientation but does not address gender identity-based violence under its hate crime law: La. R.S. 14: 107.2 (2002); La. R.S. 15:1204.4 (2002).

 

Discrimination

Employment Discrimination

Though it is legal for state agencies and private employers to discriminate against applicants and employees on the basis of sexual orientation, the City of New Orleans and Tulane University do not tolerate employment discrimination. The City of New Orleans Human Rights Laws make citywide public employment discrimination unlawful if based on gender identification, gender or sex, sexual orientation, age, color, creed, marital status, national origin/ancestry, physical condition/disability, race, or religion. Tulane is committed to and encourages a diverse and inclusive community that respects and values individual differences. In support of this commitment, Tulane University prohibits discrimination in its employment practices or educational programs/activities on the basis of race, color, sex, religion, national origin, age, disability, genetic information, sexual orientation, gender identity, gender expression, pregnancy, military status, marital status, veteran status, or any other status or classification protected by federal, state, or local law. Tulane University complies with applicable federal and state laws addressing discrimination harassment, and retaliation, Discrimination or harassment against individuals on the basis of any protected classification will not be tolerated. Complaints of discrimination must be filed in accordance with the policies set forth below. Individuals must promptly report discrimination so that prompt and appropriate action can be taken.

Furthermore, Tulane University is committed to providing equal employment opportunity to qualified persons without regard to race, color, sex, religion, national origin, age, disability, genetic information, sexual orientation, gender identity, gender expression, pregnancy, marital status, military status, veteran status, or any other status or classification protected by federal, state, or local law. This commitment to equality extend stop all personnel actions, including recruitment, advertising for employment, selection for employment, compensation, performance evaluation, and selection for training or education, treatment during employment, promotion, transfer, demotion, discipline, layoff, and termination. Discrimination on the basis of any protected classification will not be tolerated. (Tulane University Equal Employment Opportunity Statement)

Furthermore, in April 2012, a ruling by the federal Equal Employment Opportunity Commission (EEOC) made it illegal for public or private employers to discriminate against any employee or applicant on the basis of gender identity; such discrimination, according to the EEOC, violates the prohibition on sex discrimination in Title VII of the Civil Rights Act of 1964. (2012). More information can be found from lambda Legal and the National Gay and Lesbian Task Force.

Housing Discrimination

The City of New Orleans Human Rights Laws make housing discrimination unlawful if based on gender identification, gender or sex, sexual orientation, age, color, creed, marital status, national origin/ancestry, physical condition/disability, race, or religion. The New Orleans Human Relations Commission is a Municipal Agency, which enforces the City's Human Relations Rights Laws. The Commission employs a staff of three and maintains two offices in New Orleans. The commission has citywide authority and accepts complaints from all citizens and visitors to New Orleans who believe they have been discriminated against.

Tulane Legal Assistance Program

TULAP is a legal services program funded by the Tulane University Associated Student Body. They provide free legal advice and low-cost representation to current Tulane University students, staff, and faculty. TULAP also provides free notarial services and information regarding legal rights. Because they are funded by the University, they are only able to provide representation to current students, staff, and faculty, and cannot represent one member of the Tulane community against another, as that would present a conflict of interest.

LGBTQIA+ Rights

Hospital Visitation Rights

In the state of Louisiana, hospital visitation rights for partners of LGBTQIA+ patients are not guaranteed. However, effective January 18, 2011, federal regulations require hospitals participating in the Medicare/Medicaid programs to adopt written policies and procedures regarding patients' visitation rights, including a prohibition on discrimination in visitation based on sexual orientation and gender identity. Under the new regulations, hospitals may not place any restrictions on visitation based on gender identity or sexual orientation. Each patient must be informed of their right to visitors, "whom he or she designates, including, but not limited to, a spouse, a domestic partner (including a same-sex domestic partner), another family member, or a friend, and his or her right to withdraw or deny such consent at any time." The hospital may "not restrict, limit, or otherwise deny visitation privileges on the basis of race, color, national origin, religion, sex, gender identity, sexual orientation, or disability." And the hospital is required to "ensure that all visitors enjoy full and equal visitation privileges consistent with patient preferences." Any hospital found to violate the new rules risks losing a major source of revenue.