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Federal and State Laws Regarding Transgender Discrimination Issues

States including California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia all have laws in place that clearly prohibit discrimination against transgender people. These states prohibit discrimination in matters like employment, housing, and public accommodations, including hospitals, restaurants, as well as retail stores. Some states also have rules in place to allow access to credit and education.

As opposed to these states, there are numerous cities, counties and smaller towns that have banned gender identity discrimination, including Atlanta, Austin, Boise, Buffalo, Cincinnati, Dallas, El Paso, Indianapolis, Kansas City, Louisville, Milwaukee, New Orleans, New York City, Philadelphia, Phoenix, Pittsburgh, San Antonio and many more.

In other states like Indiana, Kentucky, Michigan, New York, and Pennsylvania, executive orders have been issued by governors, banning discrimination against transgender state workers. Other cities and counties have protected their transgender public employees through charter provisions, local ordinances, and similar means.

What is the Federal Title IX Law?

The Federal Title IX law prohibits sex discrimination in schools. The law covers bullying, harassment, or discrimination against transgender or gender nonconforming students in schools. The US Justice as well as the Education Departments prohibit discrimination against transgender and gender non-confirming students. The following is defined under the Federal Title IX law:

  • You have the right to be treated according to the gender you identify with
  • You have the right not to be bullied or harassed if you are transgender
  • You have the right to equal educational opportunities regardless of your gender
  • You have the right to dress and present yourself in a way which conforms with your gender identity
  • You have the right to use restrooms, locker rooms, or other facilities that are consistent with your gender identity
  • You have the right to privacy concerning your transgender status transition

Any kind of bullying or discrimination experienced in schools has to be brought to the immediate attention of the school and district officials. The school district must be contacted to know more about the nondiscrimination and anti-bullying policies so that the matter can be resolved. The U.S Department of Education has the duty to enforce the Federal Title IX law in schools in order to prohibit sex discrimination.

Any complains and issues regarding bullying or discrimination can be filed with the Office of Civil Rights (OCR) directly. OCR offices engage in a variety of activities to help schools deal with issues like discrimination, harassment, and bullying and bring an end to them. Students, parents, and community organizations can work with OCR field officers to see how they can work with them to improve the conditions at their local schools in order to effectively handle issues like harassment, discrimination and bullying.

Any complaints must be filed as soon as possible, usually within 180 days of when the bullying or harassment occurred. A complaint form has to be filled out to file a complaint with OCR. Details have to be provided in the complaint including information related to the event and the place where the event occurred.

Guest Author Bio:

This guest article was provided to us by Criminal & DUI Defense lawyer in Broward, FL & Fort Lauderdale FL, Randall Haas is highly professional & dedicated attorney for Criminal & DUI Cases.


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