RIT likely discriminated against doctor fired for treating transgender students

Rochester Institute of Technology likely discriminated against Annamaria Kontor, a doctor at its student health center, when it fired her for administering hormone therapy to transgender students, the state Division of Human Rights has determined.

Kontor was abruptly fired in May 2017 for "gross insubordination" after the university said she had flouted orders from her superiors in administering the hormones to a handful of transgender students. Kontor said that, on the contrary, she had been treating those students for months with the university's knowledge and support, and had a medical obligation to do so.

Kontor filed a complaint with the state Division of Human Rights, arguing she had been discriminated against for providing medical care to transgender students. In a decision issued Dec. 12 and recently obtained by the Democrat and Chronicle, a state investigator agreed there is probable cause that RIT "engaged in ... unlawful discriminatory practice."

Kontor was fired May 24 by student health center director Wendy Gelbard, one day after Gelbard had taken over the job. One month earlier, Kontor had received a positive job performance review that included several references to her treatment of transgender students. The school paid for Kontor to attend several conferences and training sessions on transgender health care.

A key question for the DHR investigator was whether Kontor had violated any written RIT rules and whether her supervisors had told her to stop providing hormone therapy.

In an essay published in the on-campus Reporter magazine, Gelbard said transgender hormone therapy "has been, and continues to be, beyond the scope of practice of the Student Health Center."

In the DHR hearing, though, Gelbard said "there could never be a policy for everything, but it was something RIT was looking into." She said Kontor had been warned twice but could not provide written evidence.

The report concluded: "Investigation revealed that (RIT) has no policy regarding hormone therapy for transgender students and there is no documentation to establish that (Kontor) was ever told to stop prescribing hormone therapy by a supervisor."

This is the second investigation that has turned in Kontor's favor. In October, an internal review committee found the university had failed to follow its own policies around faculty discipline, but President David Munson rejected the finding and the committee's recommendation to reinstate hormone therapy immediately.

RIT declined to comment for this story. Kontor's lawyer, Paul Keneally, also declined to comment, saying the two sides are in settlement negotiations. He previously had said a DHR finding in Kontor's favor could lead to a lawsuit in federal court.

Since being fired, Kontor has begun a private practice catering to young transgender people in Rochester.

JMURPHY7@Gannett.com