I want to think through this a little bit in more detail, but I need to catch the bus home in the next few minutes. But just quickly for now:
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Originally Posted by Makarov
Of course discrimination requires actual differential treatment. It would be interesting to see how TWU would treat a professor who was openly gay or engaged in sexual activity with a gay partner (married or not.)
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There is no injunction in any of TWU's documentation against homosexual tendencies and orientation. There are plenty of gay students at TWU without much controversy, and I expect the same would hold for a faculty member, although I do not believe that there is presently any in the faculty.
Quote:
Originally Posted by Makarov
...As you noted earlier, perhaps TWU would be smart enough to seek (and follow) some legal advice before taking any action (despite the obvious contravention of the Covenant.) Perhaps TWU might try to make the argument that the employee is being punished for breaking their Covenant rather than for their sexuality. However, I doubt that would succeed. Even if one were to characterize the Covenant as being part of the employment contract, one can't contract out of one's human rights.
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That's pretty much what I expect, although I am not convinced—having had quite a bit of direct contact and experience with the University—that such an incident would result in any sort of contingent reaction.