Florida teacher who was fired for using ‘Mx.’ is suing the state for discrimination

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Florida teacher who was fired for using ‘Mx.’ is suing the state for discrimination

A Florida teacher who was fired for using the gender-neutral “Mx” in their email signature instead of “Ms.” or “Mr.” now suing the state Department of Education for discrimination.

AV Schwandes, a former science teacher at Florida Virtual School, argued in a federal lawsuit filed Wednesday, along with two transgender female teachers, that Republican Gov. Ron DeSantis’ controversial “Don’t Say Gay” law prevents them from using pronouns and titles that are consistent with their gender identity and discriminate against them based on gender.

The suit says that under the Parents’ Rights in Education Act, “Florida has stigmatized the Plaintiffs, threatened their psychological well-being, undermined the respect they should receive as educators and that is necessary for a safe workplace and functioning classroom, and placed their profession and family well-being online.”

Additionally, they claim the law has “derailed one plaintiff from their teaching career and threatens to do the same for other plaintiffs — and for other transgender and non-binary teachers like them across Florida,” the 61-page complaint says.

They further argued that the provision of the Parental Rights in Education Act violated Title VII of the Civil Rights Act of 1964, the equal protection clause of the Fourteenth Amendment and Title IX of the Education Amendment of 1972, and demanded that a federal judge strike it down. as unconstitutional.

Non-binary teachers who use the honorific “Mx”. is now suing the Florida Department of Education over the so-called “Don’t Say Gay” law. AFP via Getty Images

According to the suit, Schwandes began using “Mx.” at the beginning of the last school year to show students that they are allies, before finally coming out as non-binary.

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They said Principal KJ Anderson originally accepted their email signatures, until Aug. 28, when he wrote in an email that staff email signatures should display names and no courtesy titles.

Anderson also said Schwanders’ teacher announcement pages and outward-facing communications require “standard courtesy titles” such as “Ms.” “Miss.” or “Mr.” or just their names.

The Schwandes were then asked to change their titles at the end of the day on August 30, which they did not do.

After returning to school, Schwandes met with Anderson on Sept. 13 and said they were uncomfortable using gender courtesy titles but would use alternative gender-neutral titles such as “coach,” “teacher” or “professor.”

When they refused to change their titles, they were suspended on September 15. The Schwandes were then terminated on October 24 as they would not change titles.

AV Schwandes, a science teacher at Florida Virtual School, was fired when they refused to change their email signature.

“I lost my job, and possibly my career because Florida lawmakers didn’t want young, mature adults to know I existed,” Schwandes said in a statement to NBC News.

“As a high school teacher, I don’t have to pretend to be someone I’m not simply because I don’t consider other people’s rigid ideas about gender,” they said.

“Tolerance is a two-way street. Just as I respect the faith-based beliefs of others, my civil rights should be respected because I am an American and I exist.”

Following questions about Schwandes’ firing last month, Florida Virtual Schools said in a statement: “As a Florida public school, FLVS is responsible for complying with Florida laws and regulations related to public education.

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“This includes laws… relating to the use of Personal Titles and Pronouns in the Florida public school system.”

Lawyers representing the plaintiffs say the “Don’t Say Gay” bill violates the Constitution. TNS via Getty Images

The lawsuit also includes claims by Katie Wood, who transitioned in 2020 and is a math teacher at Lennard High School in Hillsborough County, and Jane Doe, who came out as transgender in 2021 and is a teacher at Lee County Schools.

Both teachers said their district initially supported their identities, and they used the title “Ms.” when introducing yourself and the pronoun “she” in the classroom and syllabus before the Parental Rights in Education law was passed.

They are now prohibited from using the term to describe themselves under the law, and are prohibited from correcting other students and teachers who call them “Mr.” the pronoun “he” or “she”.

“Using titles such as ‘Mr’ and pronouns such as ‘he’ and ‘she’ will harm Ms Wood, including emotionally, risk physical harm from others and disrupt the classroom and her ability to do her job,” the suit said.

Instead, the suit says, Wood asked his students to call him “Teacher Wood” but the non-gendered title made him feel insulted because no other teacher at his school used it and it “didn’t come naturally to him when describing himself.”

Lawyers representing teachers are trying to get a federal judge to overturn the law. Anadolu Agency via Getty Images

It went on to say that “the risk that she could lose her job and her teaching license” for violating Florida law and the policies of the Hillsborough County School Board, which enforces the law, “has caused Ms. Wood great anxiety and distraction while at work.”

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The plaintiffs are all represented by the Southern Poverty Law Center, Southern Legal Counsel and San Francisco-based law firm Altshuler Berzon, LLP.

“Educators best serve their students and communities when they work in safe spaces where they are respected, valued and allowed to be themselves,” the lawyer said in a statement to NBC News.

“Stigmatizing trans and non-binary people not only undermines educators but also harms and alienates all students.

“Teaching in public schools should not mean denying or contradicting one’s core beliefs or, most importantly, losing oneself completely,” they argued, saying: “These illegal rules have disrupted and harmed teachers who want to teach.”

The Post has reached out to the Florida Department of Education for comment.

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