In recent years, there have been increasing concerns involving discrimination faced by the transgender community.  Not surprisingly, these concerns have centered on the challenges faced by gender non-conforming students and whether the needs of such students are being met by school officials.  Though the law on gender identity is still in its relative infancy, schools are now mandated to create and maintain a safe school environment free from discrimination on the basis of gender identity and expression under Connecticut law.  Though the relevant federal civil rights laws do not expressly extend to gender identity or expression, it is increasingly clear that the federal government has taken the position that there is protection for gender non-conforming students under federal law.  For example, last month, the U.S Departments of Education and Justice (the “Government”) jointly filed a “Statement of Interest” challenging a school district’s legal contention that a transgender student may only establish a claim of sex discrimination based on evidence of sex stereotyping.

In his complaint, the plaintiff, a student presenting as male, alleged that school officials refused to allow him to use male restrooms, and instead, required that he use a female staff or a unisex restroom, which resulted in peer harassment. The plaintiff also alleged that school officials revealed his status to members of the school community by repeatedly using his birth name and female pronouns when referring to him. Moreover, the plaintiff alleged that after his mother expressed concerns to school officials, an administrator told his mother she was “being overly sensitive.”

In defense, the school district filed a Motion to Dismiss arguing that the evidence proffered by the plaintiff was insufficient to establish a claim of sex discrimination.  In challenging the school district’s argument, the Government argued that Title IX provides protection for transgender students.  More specifically, the Government asserted that “[u]nder Title IX and the Equal Protection Clause, discrimination based on a person’s non-conformity to sex stereotypes, a person’s gender identity, or a person’s transgender status constitutes [sic] discrimination based on sex.”
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