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Connecticut Transgender Title IX LawTitle IX Transgender and Gender Non-Conforming Issues

On April 29, 2014, the Office for Civil Rights (OCR) in the U.S. Department of Education issued official guidance which makes clear that transgender students[1] are protected from discrimination under Title IX.  Specifically, the guidance states that “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 and OCR accepts such complaints for investigation.”

The Evolution of Transgender and Gender Non-Conforming Protection

The OCR guidance was developed, in part, in response to courts and federal agencies that were making clear that transgender and gender nonconforming individual (people who do not conform to stereotypical notions of masculinity or femininity) are covered under laws that protect people from discrimination based on sex. In 2012, the Equal Employment Opportunity Commission (EEOC) ruled, in a case brought by Transgender Law Center[2], that transgender people are protected from discrimination in the workplace under Title VII, the parallel federal law that prohibits sex discrimination in employment.  In 2013, the OCR and U.S. Department of Justice’s Civil Rights Division settled a lawsuit brought by a transgender student against the Arcadia Unified School District for denying him access to the same facilities and activities as other boys. The settlement referenced the EEOC ruling.  The April 2014 guidance from the OCR makes it clear that under federal law schools cannot exclude transgender students from the opportunity to fully participate and succeed in school.

Title IX Transgender and Gender Non-Conforming Student Protection

The National Center for Transgender Equality[3] outlines the Title IX protection afforded to transgender and gender non-conforming students as follows:

Contact a National Title IX Attorney

If you or someone close to you has experienced bullying or discrimination, you can start by bringing your concerns to school and district officials.  Before you speak to school personnel, however, consider speaking to the attorneys at Duffy Law who have extensive experience with Title IX actions.  Duffy Law attorneys can review the specifics of your case and help you decide the manner in which to proceed that best protects your rights. Call today at 203-946-2000.

References

[2] http://transgenderlawcenter.org/about

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