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Title IX
December 22, 2014

Title IX Update: Department of Education Broadens Rights of Transgender Students in Public Schools in 2014

The U.S. Department of Education made significant steps in 2014 to protect the rights of transgender students. In April, the U.S. Department of Education released “Questions & Answers on Title IX and Sexual Violence.” This document directs that Title IX (the federal statute that prohibits sex discrimination in education) protects students from sexual violence at public schools. In explaining which students the federal law protects, the Department wrote: “Title IX’s sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity.”

In October, the Department of Education resolved a civil rights complaint with California’s Downey Unified School District. Click here: http://www.ed.gov/news/press-releases/us-department-educations-office-civil-rights-announces-resolution-civil-rights-I A transgender student had been harassed and discriminated against for gender nonconformance at school. The settlement provided that the school district would hire an expert in child and adolescent gender identity; remove all discipline from the student’s record (the student had been punished for wearing makeup); and provide mandatory training for school administrators in handling issues related to gender nonconformance and gender-based harassment.

In December, the Department of Education expanded its guidance regarding Title IX issues and transgender students when it released: Questions & Answers on Title IX and Single-Sex Classes and Extracurricular Activities.” The bulletin explains how coeducational public schools should administer single-sex classes or extracurricular activities. Although a coeducational learning environment is preferable, the guidance identifies certain areas where a single-sex class or activity may be justified.

If a single-sex class or activity is necessary, the school must “treat transgender students consistent with their gender identity in all aspects of the planning, implementation, enrollment, operation, and evaluation of single-sex classes.” This means that if a transgender girl attends a public school with single-sex gym classes she must be allowed to participate in the class with her female peers.

Although there is more work to do to protect the rights of transgender Americans, the U.S. Department of Education made positive steps in the past year to correct injustices related to gender nonconformance and gender identity.

If you have questions concerning education discrimination, contact Ed Feinstein for a confidential consultation.
Title VII
December 19, 2014
Department of Justice States That Title VII Prohibits Gender Identity and Transgender Discrimination

Title VII News – Attorney General Eric Holder announced on December 15, 2014 that the Department of Justice has taken the position that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on gender identity, including transgender status.

This reverses the Department of Justice’s 2006 position that Title VII’s prohibition of discrimination “because of . . . sex” did not cover discrimination because of gender identity or transgender status.

Attorney General Holder noted that courts have reached different conclusions about whether Title VII’s prohibition of discrimination “because of . . . sex” includes discrimination due to gender identity or transgender status. Some courts have allowed gender identity and transgender discrimination claims under a “sex stereotyping” theory, where an employee believes they were discriminated against due to his or her failure to live up to socially constructed expectations of how men and women should look and act. This is the first time the Department of Justice stated that Title VII’s prohibition of discrimination “because of . . . sex” also forbids discrimination because of gender identity or transgender status in and of itself, and not using a “sex stereotyping” theory.

Attorney General Holder concluded, “My hope . . . is that this clarification of the Department’s position will foster consistent treatment of claimants throughout the government, in furtherance of this Department’s commitment to fair and impartial justice for all Americans.”

Transgender individuals face employment discrimination and unemployment at higher rates and are more likely than others to live in poverty. FDPK lawyers are committed to ensuring that all employees can work free of discrimination.

Click here to view the Department of Justice’s announcement: Title VII Memo

Disclaimer (The materials on this website are provided for informational purposes only, do not constitute legal advice, do not necessarily reflect the opinions of Feinstein Doyle Payne & Kravec, LLC, or any of its attorneys or clients, and are not guaranteed to be up-to-date, correct or complete. To the extent that any rules require us to designate a principal office and/or single attorney responsible for this website, FDPK designates its Pittsburgh office as its principal office and designates Wyatt Lison as the attorney responsible for this website.

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Archive: Dec 2014

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Title IX Update: Department of Education Broadens Rights of Transgender Students in Public Schools in 2014

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Department of Justice States That Title VII Prohibits Gender Identity and Transgender Discrimination

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Mar 26, 2021

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Archive: Dec 2014

Categories

Archives

How can we help?

Title IX

Title IX Update: Department of Education Broadens Rights of Transgender Students in Public Schools in 2014

Title VII

Department of Justice States That Title VII Prohibits Gender Identity and Transgender Discrimination

Blog

Mar 26, 2021

Southern District of New York Certifies Consumer Class Action for Labeling Kind Bars as “All Natural” and having no GMOs

Mar 12, 2021

California Auto Insurance

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