Whereas, the Board of Governors amended the Policy on Equal Employment Opportunity and Affirmative Action (“non-discrimination policy") in 1981 to include protection on the basis of sexual orientation and marital status; and

Whereas, the non-discrimination policy guarantees equal opportunities in hiring, promotion and job-related benefits for employees and equal treatment in University programs for all students; and

Whereas, the University Senate has passed three resolutions in the past 10 years urging full implementation of its non-discrimination policy; and

Whereas, it is incumbent upon the University to provide moral leadership in the cause of human rights by exercising every option within its power to enforce its non-discrimination policy; and

Whereas, the equal rights of LGBT students are jeopardized because the Solomon Amendment requires the Rutgers University Law Schools to suspend the non-discrimination policy with respect to recruitment efforts of the Department of Defense Judge Advocate Generals Office; and

Whereas, the Solomon Amendment compels the university to lend its resources, personnel, and facilities to employers (viz., the U.S. military) that continue to discriminate on the basis of sexual orientation; and

Whereas, the law suit, FAIR V. Rumsfeld provides an opportunity for the University to make important strides in fulfilling its commitment to non-discrimination;

Therefore, be it resolved that the Senate urges the President to seek authorization from the Board of Governors for Rutgers University to join the suit, FAIR v. Rumsfeld (which challenges the Solomon Amendment on First Amendment grounds), as party plaintiff.
 
 

Submitted to the Senate Executive Committee
November 26, 2003

Revised January 9, 2004