California Women's Law Center

Pursuing Justice for Women and Girls

Our cases start with one person and one story, which is collaborated by many other women’s experiences.  Selenia Wilborn’s story is one that women of all professions can relate.

From our friends at the Title IX Blog: Title IX Covers Harassment in Truck Driving Program

women in truckingIn 2007, Selenia Wilborn (not pictured) was the only woman in her class in the Tractor-Trailer Truck Driving Program operated by a community college consortium in Alabama. Even though Wilborn was deemed a qualified for the program by the administrator in charge of admissions, her instructor initially refused to accept her to the program due to his belief that women should “be at home making babies.”
Eventually when two other students dropped out, Wilborn was added in order to the fill the class. But the instructor targeted Wilborn from day one, making sexual jokes in her presence and finding opportunities to touch her. Another instructor participated in the harassment as well, including by allowing a pornographic film to be shown in class. Wilborn reported the harassment to program administrators after the first time it happened; the next day in class, the instructor told the students that if they had problems with the class, they needed to be keep them in the class.
Wilborn continued to report her instructors’ harassing conduct to the administration, but to no avail. Later, an instructor failed Wilborn on her road test, faulting her for stalling the truck after he grabbed the gear shift out of her hand. He called her “dumbass” and reiterated his position that women should have babies instead of drive trucks. Rather than retake the test, Wilborn quit the program. It was clear to her at that point that the instructors were doing everything they could to keep her from getting her license.

Wilborn sued the community college that administers the program, alleging that the harassment she faced violated Title IX and other laws (including Title VII, on the theory that the truck driving program acted as an employment agency due to its role in placing students in truck driving jobs). A federal court agreed that a jury could find that Wilborn had directed her complaints to the appropriate administrator, who while lacking supervisory authority over Wilborn’s instructors, was nevertheless the administrator authorized to receive students’ grievances. The fact that this administrator took no action in response to Wilborn’s complaints clearly satisfies the deliberate indifference standard. 

If Wilborn wins on Title IX this truck driving program and other vocational programs will have stronger motivation to institute and enforce policies to curtail discrimination and harassment.

For all you legal scholars out there – read the entire post at http://title-ix.blogspot.com/.
Decision: Wilborn v. Southern Union State Community College, 2010 WL 1294131(M.D.Ala. Mar 30, 2010.

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