Jason Dunlap's Work Ethic

Jason Dunlap was awarded “employee of the year” four times and has shown remarkable work ethic in his job. His sexual orientation and gender should not and did not impact the work he had accomplished for LaMark Elementary school during his ten years of employment. During this time, the school even recognized him for his outstanding work, regardless of the fact that he is transgender. Undergoing a sex change does not change Jason Dunlap’s work ethic, and therefore is in no way a justification for the intolerance Mr. Dunlap was faced with. This case is about the discriminatory actions of a bigoted school board and faculty.

Jason Dunlap was discriminated against through the terms and conditions of his employment by the LaMark Elementary school.

It is accepted and required that a mother have time off to spend with her newborn baby, and most, if not all employers give their employees days off during a time of emotional trauma. How is Jason Dunlap’s case much different from either of these acknowledged exceptions? However, LaMark Elementary School refused to authorize any vacation time or even attempt to lighten Mr. Dunlap’s work load during a time when he was in a strenuous medical position. To complete his therapy, Mr. Dunlap had to take medication that caused him to be drowsy and fatigued, both conditions that could inhibit his ability to complete jobs to the best of his capability. Rather than acknowledging that Mr. Dunlap was in need of a more relaxed work environment for a brief period after ten years of loyal employment, the school board decided to punish him for simply being himself. Mr. Dunlap politely requested to be excused from some of his more physically exhausting tasks, a innocent and justified request which was not only denied, but for which Mr. Dunlap would suffer from in the next few

Dunlap’s tolerance for the school’s discrimination hit its maximum when he was ordered to complete an inordinate task. The school assigned the task of repainting the interior of the school with only a week’s time. For the past fifteen years, repainting the school had not been viewed as a priority by the school board. However, a mere three months after Mr. Dunlap announced his sex change, the school took it upon themselves to assign the aforementioned task to him. Realizing that the task he had been confronted with, was impossible to accomplish in the week’s time that had been allotted to him, he resigned on the basis of intolerable working conditions. Jason Dunlap is eligible to claim “constructive discharge” under Title VII on the grounds that he was subject to intolerable working conditions. It was completely unreasonable to expect a single employee to paint the entire interior of a school in seven days time. Had school assigned more employees to this task, or appointed more time, then perhaps it would be possible. However, the school allocated the massive task to Jason Dunlap and essentially forced him to