Rainbow complaint survives motion

The Pittsburgh Commission on Human Relations denied Pitt’s motion to dismiss a complaint on…The Pittsburgh Commission on Human Relations denied Pitt’s motion to dismiss a complaint on Sept. 25 that the LGBTQ student advocacy group Rainbow Alliance filed against the University.

Rainbow Alliance submitted a revised complaint regarding Pitt’s transgender policy on July 27, two months after the organization’s initial allegations were disputed by the University. This is the second motion the University has made to dismiss the complaint.

“It really legitimizes the process. It’s being taken seriously now. They have to look at it now. It’s very encouraging that all the work we’ve put in is going somewhere,” said Darren Pifer, vice president of Rainbow Alliance.

Adelaide Smith, chair emeritus of the Human Relations Commission, wrote that the amended complaint is “sufficient for the Complainant … to initiate the above-cited matter before the Commission.”

The order stated that the complaint specifically identified the complainant and respondent and contended that unlawful discriminatory policies are occurring within city limits. It also stated that the complainant “as a result of the allegedly unlawful policy or acts has, and continues, to suffer damages for which it contends it should be compensated.”

Rainbow Alliance President Tricia Dougherty originally filed a complaint with the Pittsburgh Commission on Human Relations on April 25, alleging discrimination based on the University’s gendered facilities policy.

“This is a stepping point, a turn in our favor. I’m glad we’re moving forward and able to help people,” said Dougherty.

The organization objected to the University announcing a policy last spring stating that all transgender students must use gendered facilities according to the sex listed on their birth certificates. The new policy required that students who wished to use facilities designated for the opposite sex first undergo sex-reassignment surgery, a costly and invasive procedure. Previously, the University had no stated policy governing the use of gendered facilities, allowing for more flexibility in practice.

Dougherty and Pifer have also created an ad hoc committee, focusing on the transgender issue in order to come up with numerous ways — such as letter-writing and petitions — that the club can help aside from the litigation. Its first meeting is expected to be next week.

“This is an issue I’m really passionate about, and a lot of people have been offering to help by forming the committee in order to talk and brainstorm new ideas,” Dougherty said.

Patrick Noonan, associate general counsel at Pitt, refused to comment regarding the pending litigation.

Pitt can be fined a maximum of $300 if the Pittsburgh Commission on Human Relations rules in favor of Rainbow Alliance.