Recently, the Maine Commission on Human Rights determined that there are reasonable grounds to conclude that a Maine school district unlawfully discriminated against a transgender student by denying her the right to use the girls’ bathroom at her school, as would be consistent with her gender identity. This decision highlights the difficulties faced by school districts in determining the appropriate course of action to take when faced with a request for a specific accommodation to a student’s gender identity. The district in question had previously offered an accommodation to the student in question by permitting her to utilize the gender neutral faculty/staff bathroom located at the other end of the building.

This decision underscores the need for schools to be mindful of gender identity issues involving students and staff.