April 7, 2008
Albuquerque Journal
UNM Officers Claim Discrimination
By Martin Salazar; Journal Staff WriterTwo University of New Mexico police officers have filed complaints with the state alleging they have been discriminated against because they are male and straight.
The two officers are Lt. Michael Young and Cmdr. James Daniels.
Young alleges he has been treated unfairly by gay superiors because he is heterosexual. Daniels alleges that the chief has consistently reduced his authority in favor of a new employee who is a lesbian, according to documents released to the Journal by the Department of Workforce Solutions.
Both allege that gay members of the department have fared better on pay raises and promotions.
The Workforce Solutions' Human Rights Division determined last month there is some basis for believing discrimination occurred.
"Therefore I am issuing a probable cause determination on the basis of sex and sexual orientation," state March 12 letters from Francie Cordova, director of the Labor Relations Division.
UNM Police Chief Kathy Guimond referred requests for comment to the university's media relations office.
UNM issued a statement announcing it has engaged a professional consultant to work with the department to ensure safety and security of the campus is maintained at the highest levels.
"Claims of discrimination by two employees against the UNM Police Department are in the earliest stages of the resolution process prescribed by New Mexico law," UNM said.
"There has been no finding that any discrimination occurred. The university honors the legal process and is confident that it will reach a just result."
Young declined to comment, citing advice from his attorney. Daniels didn't return calls from the Journal.
In his complaint, filed in July, Young states that he has been "harassed and treated differently" than some of his co-workers. He said he was removed from his position as administrative lieutenant in 2005 and was replaced by a gay man.
He states that he and others received "meets expectations" evaluations while gay officers received "exceeds expectations" on their evaluations. The gay officers, he contends, received bigger raises.
The probable cause determination letter sent to Young notes that, while UNM denies the allegations, witnesses state that Young was harassed and treated more harshly. It also notes that another witness said he had to quit because of a hostile work environment.
Cordova, the labor relations director, states in her letters that the parties should try to resolve the matter themselves.
If that fails, she wrote, formal hearings before the state Human Rights Commission have been scheduled for July. The commission can award damages.
"Young and Daniels could opt to forgo the Human Rights Commission and file suit in federal or state court.