While most of the conversations in schools about gender transition has been focused on students, schools need to be aware that transgender employees may be involved in gender transition as well. Federal laws against sex and disability discrimination make it illegal to fire, refuse to hire, harass, or otherwise discriminate against transgender employees
A federal district judge recently issued a final ruling in favor of transgender student Gavin Grimm. The ruling marks an end to a long legal process that began in 2015, with stops in the district court, court of appeals and U.S.
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Earlier this month, two federal courts issued decisions in cases involving the rights of transgender students. These decisions should help school districts understand their legal obligations as they apply to all students.
Grimm v. Gloucester County School Board
On March 7, a Sixth Circuit Court of Appeals panel held that employers cannot discriminate against employees based on their transgender or transitioning status, notwithstanding the employer’s sincere religious objections.
On February 22, the U.S. Departments of Education and Justice withdrew their previous joint guidance that provided information for schools on the departments’ interpretation of the rights of and protections for transgender students under Title IX.
Today, the U.S. Supreme Court agreed to hear an appeal from a Virginia school board seeking to prevent a high school student from using the boys' bathroom. In April, the U.S. Court of Appeals for the 4th Circuit gave deference to the federal government's position that Title IX, the federal law prohibiting discrimination "on the basis of sex" in public schools, protects the rights of transgender students to use school bathrooms that align with their gender identity.