Voicing bigoted opinions in an academic workplace is not an issue of academic freedom or free speech. Don't conflate them.
We know that words can harm, which is why we have laws about sexual harassment that extend beyond inappropriate touching.
We know that words can harm, which is why we have laws about sexual harassment that extend beyond inappropriate touching.
If you believe that someone's race, gender, or sexuality makes them less capable scholars, you do not belong in a job where you have to make any decisions about merit, period. You cannot grade, evaluate, review, or make decisions about people fairly.
If you make discriminatory statements based on identity, whether on social media or in the office or classroom, you're contributing to a hostile work environment.
Verbal sexual harassment (which, remember, is legally defined by impact, NOT intent), is not protected speech.
Verbal sexual harassment (which, remember, is legally defined by impact, NOT intent), is not protected speech.
The fact that hate speech based on race, sexual orientation, gender, ability, religion, or other identities is not as widely prohibited as sexual harassment is an artifact of the law not keeping pace with our values. It's NOT because it's okay to say those things.
Nobody tries to argue that groping is a matter of academic freedom. No one says that unwanted physical contact is free speech. We even collectively understand, in some cases, that words cause harm, which is why sexual harassment laws cover words, and not just actions.
As a society, we need to work out how to handle hate speech from a legal perspective. But in the meantime, universities should lead the way here and hold faculty accountable if they hold views that prevent them from doing their jobs.
And yes, I get that this could be messy -- what does "do your job" even mean, when we all hold some implicit biases? But sometimes, it's crystal clear. If you think someone is less capable or deserving of an education because of their identity, you shouldn't work in education.
