Florida university faculty could soon be fired for using bathrooms inconsistent with gender at birth

JACKSONVILLE, Fla. — The governing body of the State University System of Florida is moving forward with a proposed rule that prohibits faculty from using restrooms that don’t correspond to their assigned gender at birth.

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The proposed policy could see faculty terminated for violations.

Only one member of the Florida Board of Governors raised objections as the was introduced in a committee Wednesday.

“In places where similar laws have been implemented there has been an increase in harassment of people who are using or attempting to use the restroom,” said Florida BOG member Amanda Phalin.

It’s the same concern shared by Carlos Guillermo Smith with Equality Florida, who fears what it will mean for LGBTQ+ faculty.

“This rule that basically tells them they can’t use the restroom while they’re at work,” said Smith.

But Smith argued a similar rule recently adopted by the state college system is even more alarming.

Unlike the proposed rule for state universities, which threatens disciplinary action up to and including termination for bathroom offenses, the state college system rule mandates termination after a second offense.

“And even mandates investigations into individuals who are suspected of violating the bathroom law. These mandates investigations into transgender employees are reminiscent of the Johns Committee,” said Smith, referring to a McCarthy-era committee established by the Florida Legislature, which gained an infamous reputation for targeting and expelling LGBTQ faculty and students in the state’s colleges and universities.

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State Representative Dean Black (R-Yulee) cosponsored the legislation that prompted the new regulations.

He argued there should be little tolerance for noncompliance.

“It’s unclear to me why someone would be confused in the first place, but if it becomes a pattern of behavior, which a second offense clearly is, yeah, I think you should be fired,” said Black. “I think there should be zero tolerance for failure to respect women’s privacy.”

Smith and other LGBTQ+ advocates are encouraging campuses to leverage gendered single-stall restrooms and convert them into unisex options to provide transgender and gender-nonconforming faculty and visitors more options, as unisex stalls are permitted under the new law.

“And all they have to do with those single-stall restrooms, is change the sign on the outside,” said Smith.

The Board of Governors is expected to take a final vote on the proposed rule in November.

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