Women Standing in Line at Airport Bathroom: “We Can Use the Men’s Bathroom!”

A friend was in the airport in Phoenix.

Phoenix Airport

Phoenix Airport

His wife was standing in line behind about twenty women waiting to get into the women’s bathroom.

“No problem!”

she said loud enough to be heard.

“We can use the men’s bathroom.”

The other women started cheering and clapping.

And laughing.

“Yes.  That’s right.  We can!”

another woman shouted.

More laughter followed.

= = = = =
Anyone who doesn’t think that President Obama’s “pick the bathroom of your choice” hasn’t had an impact in this country might want to take notice.


Comments

Women Standing in Line at Airport Bathroom: “We Can Use the Men’s Bathroom!” — 30 Comments

  1. Women have been doing this long before that stupid NC law was passed.

    I can’t tell you how many times I’ve been in the can at Bears and Cubs games and girls have snuck in to dodge the ladies line.

  2. Strangely enough, I spent all of last week at a Dominican retreat house, which seemed to operate just fine with unisex stalls.

    I imagine all of you just wear diapers to the county fair, rather than facing the terror of nor being able to clearly identify the genitalia of the person urinating or defecating in the adjacent porta-potty.

  3. **”We can use the men’s bathroom.” … “Yes. That’s right. We can!”**

    Uh… that isn’t how it works.

    Good try though.

  4. The US Department of Justice, Civil Rights Division & US Department of Education, Office for Civil Rights nine page letter titled “Dear Colleague Letter on Transgender Students, Notice of Language” and dated May 13, 2016 is the key document to date in the drama of letting boys in girls bathrooms and locker rooms (and vice versa).

    The policy was not the result of US Senators and Representatives debating the issue.

    The policy was issued by two agencies in two departments headed by Catherine E Lhamon, Assistant Secretary for Civil Rights, US Department of Education and Vanita Gupta, Principal Deputy Assistant Attorney General for Civil Rights, US Department of Justice.

    Their angle was Title IX of the Education Act of 1972.

    From the letter.

    “Title IX of the Education Act of 1972 (Title IX) and its implementing regulations prohibit sex discrimination in educational programs and activities operated by recipients of Federal financial assistance.”

    Prior to that letter was a 36 page memo from the US Department of Education, Office of Civil Rights titled, “Questions and Answers on Title IX and Single-Sex Elementary and Secondary Classes and Extracurricular Activities authorized by Catherine E Lhamon, Assistant Secretary for Civil Rights, dated December 1, 2014.

    Page 30 of that 36 page memo listed item 31, “How do the Title IX requirements on single-sex classes apply to transgender students?

    Answer: All students, including transgender students and students who do not conform to sex stereotypes, are protected from sex-based discrimination under Title IX.

    Under Title IX, a recipient generally must treat transgender students consistent with their gender identity in all aspects of planning, implementation, enrollment, operation, and evaluation of single-sex classes.”

    Here is a key sentence from Title IX.

    “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”

    Title IX in 1972 did not mention lesbian, gay, bi-sexual, transgender, queer (LGBTQ).

    The Civil Rights act of 1964, which outlawed discrimination based on race, color, religion, sex, or national origin, did not mention those classifications.

    The whole issue of allowing transgender in locker rooms and bathrooms in educational facilities that receive Title IX funding should be fully vetted in front of the American people by those in elected office.

    The issue should not be shoved down the taxpayer throats by denying federal taxpayer dollars to educational facilities for non compliance via letters and memos written by administrators whom are not directly accountable to taxpayers.

    Taxpayers have rights too.

    What is a boy?

    What is a girl?

    What is a man?

    What is a woman?

    What is at Tomboy?

    Am I a Tomboy, or am I transgender, am I a lesbian, am I bi-sexual, should I take hormones, should I have a sex change operation.

    So now what, in the name of sensitivity and discrimination we are going to teach all of that in schools, much of it already taught, at what age do we teach what, where is the curriculum for each grade on the subject, how accessible is the curriculum to parents, how much leeway do school districts and administrators and principals and teachers have in teaching the subjects, etc.

    Pay your Federal, State, and Local taxes and fees for public education and remember, a pension is a promise.

  5. Ah, yes – the tried and true “let the people decide argument,” from Mark.

    That already happened when citizen lawmakers passed a bill in NC and our denizens of the courts struck it down.

    This has been litigated and decided.

    The only other path is a constitutional amendment.

    Good luck with that.

  6. The North Carolina State law (Session Law 2016-3, House Bill 2 aka HB 2) prohibiting men in women’s bathrooms (among other prohibitions) was in response to a Charolotte city ordinance mandating that men be allowed in women’s bathrooms (among other issues).

    North Carolina HB 2 was not in response to the US Department of Education and US Department of Justice nine page letter which stated those receiving federal education funding must allow children in the bathroom of their desire, not the bathroom based on their biological sex organs.

    North Carolina Session Law 2016-3 / HB 2 has not been ultimately decided in the courts.

    There are several lawsuits and it has not worked its way up to the US Supreme Court.

    Rather than educating the public about transgender issues, attempting to find some compromise, and allowing the public to weigh in on the issue, both sides are ramrodding through mandates and laws.

    A sex organ is a far more personal issue than what color is your skin.

    The people should most definitely be allowed to vote on the issue.

    How ironic the Federal Government, to which each taxpayer owes more money than any state or local government, is threatening to withhold funds.

    The Federal Government is more fiscally irresponsible than just about any if not all governments in the United States.

    Spending and policy making are both out of control.

  7. **A sex organ is a far more personal issue than what color is your skin.**

    I have no idea what this means… but:

    **The people should most definitely be allowed to vote on the issue.**

    Oh? So you think a “sex organ” is much more personal, yet you think that we should allow people to vote on it? Voting on whether or not to grant civil rights is never a good idea. But you probably would have thought that we should vote on whether or not we should desegregate schools.

  8. alabama?

    You were right all the way up until the last sentence.

    Very confusing post.

  9. What is the issue people have of mixing men and women in bathrooms and locker rooms.

    Sex organs.

    People don’t have a problem mixing black, white, brown in bathrooms and locker rooms.

  10. Maybe we should have those detector things like at OHare and then the screener will tell you which bathroom you have to use.

  11. **People don’t have a problem mixing black, white, brown in bathrooms and locker rooms.**

    LOL – well, people sure did, for a long long time. And if we would have put it up for a vote 50 years ago, segregation would have one.

  12. The US Equal Opportunity Employment Commission

    Undated document

    Fact Sheet: Bathroom Access Rights for Transgender Employees Under Title VII of the Civil Rights Act of 1964

    “Transgender” refers to people whose gender identity and/or expression is different from the sex assigned to them at birth (e.g. the sex listed on an original birth certificate).

    The term transgender woman typically is used to refer to someone who was assigned the male sex at birth but who identifies as a female.

    Likewise, the term transgender man typically is used to refer to someone who was assigned the female sex at birth but who identifies as male.

    A person does not need to undergo any medical procedure to be considered a transgender man or a transgender woman.

    In addition to other federal laws, the U.S. Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, national origin, religion, and sex (including pregnancy, gender identity, and sexual orientation).

    Title VII applies to all federal, state, and local government agencies in their capacity as employers, and to all private employers with 15 or more employees.

    In Macy v. Dep’t of Justice, EEOC Appeal No. 0120120821, 2012 WL 1435995 (Apr. 12, 2012), the EEOC ruled that discrimination based on transgender status is sex discrimination in violation of Title VII, and in Lusardi v. Dep’t of the Army, EEOC Appeal No. 0120133395, 2015 WL 1607756 (Mar. 27, 2015), the EEOC held that:

    denying an employee equal access to a common restroom corresponding to the employee’s gender identity is sex discrimination;

    an employer cannot condition this right on the employee undergoing or providing proof of surgery or any other medical procedure;

    and, an employer cannot avoid the requirement to provide equal access to a common restroom by restricting a transgender employee to a single-user restroom instead (though the employer can make a single-user restroom available to all employees who might choose to use it).

    Contrary state law is not a defense under Title VII. 42 U.S.C. § 2000e-7.

    In G.G. ex rel. Grimm v. Gloucester Cty. Sch. Bd., — F.3d –, 2016 WL 1567467 (4th Cir. 2016), the United States Court of Appeals for the Fourth Circuit reached a similar conclusion by deferring to the Department of Education’s position that the prohibition against sex discrimination under Title IX requires educational institutions to give transgender students restroom and locker access consistent with their gender identity.

    Gender-based stereotypes, perceptions, or comfort level must not interfere with the ability of any employee to work free from discrimination, including harassment. As the Commission observed in Lusardi: “[S]upervisory or co-worker confusion or anxiety cannot justify discriminatory terms and conditions of employment.

    Title VII prohibits discrimination based on sex whether motivated by hostility, by a desire to protect people of a certain gender, by gender stereotypes, or by the desire to accommodate other people’s prejudices or discomfort.”

    Like all non-discrimination provisions, these protections address conduct in the workplace, not personal beliefs.

    Thus, these protections do not require any employee to change beliefs.

    Rather, they seek to ensure appropriate workplace treatment so that all employees may perform their jobs free from discrimination.

    Further information from other federal government agencies includes:

    A Guide to Restroom Access for Transgender Workers, issued by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA),
    https://www.osha.gov/Publications/OSHA3795.pdf,

    and Guidance Regarding the Employment of Transgender Individuals in the Federal Workplace, https://www.opm.gov/policy-data-oversight/diversity-and-inclusion/reference-materials/gender-identity-guidance/, issued by the U.S. Office of Personnel Management.

    If you believe you have been discriminated against, you may take action to protect your rights under Title VII by filing a complaint:

    Private sector and state/local government employees may file a charge of discrimination by contacting the EEOC at 1-800-669-4000 or go to https://www.eeoc.gov/employees/howtofile.cfm.

    Federal government employees may initiate the complaint process by contacting an EEO counselor at your agency; more information is available at https://www.eeoc.gov/federal/fed_employees/complaint_overview.cfm.

  13. A Gallup poll in October 1964 reported 58% of Americans approved of the Civil Rights Act of 1964 which was enacted on July 2, 1964.

    The Civil Rights Act was US legislation by elected representatives.

    The word transgender did not appear in the Civil Rights Act of 1964.

    Allowing biological boys in girls locker rooms and bathrooms, and allowing biological girls in boys locker rooms and bathrooms, was not done through legislation or a vote by the American people.

    It’s been the result of various US commissions and agencies issuing reports and guidance, none of whom are headed by elected officials.

    And impacting that is the result of various court cases, although the issue has not made its way to the US Supreme Court.

  14. I thought it was part of the Obama legacy.

    Either way, I will think of him every time I use the bathroom.

  15. The US Department of Education Office of Civil Rights, US Department of Justice Civil Rights Division, US Equal Employment Opportunity Commission, US Department of Labor Occupational and Safety Health Administration (OSHA), US Office of Personnel Management have all had a part in defining and enforcing what it menas to be a boy or girl, a man or woman, male a female.

    It is no longer biology.

    It is thinking.

    I want to be a boy or man, therefore I legally am a boy or man.

    Will be very interesting if this holds up all the societal issues.

    Biology males awarded womens scholarships for college athletics.

    In statistics, the biology is no longer the determining factor between male and female.

    Desire is the determining factor.

    In the name of Civil Rights the distinction between man and woman has been re-written.

    How does the dictionary define boy, girl, man, woman, male, and female?

    Healthcare workers now will not know the biology sex of a patient until their private parts are viewed.

    There are all sorts of issues.

    The Federal government has determined it is not the will of the people to decide the issue, elected representatives did not decide this issue, no legislation, no vote.

    Rather Federal government agencies headed by administrators that were not elected made the decision of how to handle the transgender issue.

  16. The White House
    Office of the Press Secretary
    For Immediate Release
    May 31, 2016
    Presidential Proclamation — LGBT Pride Month, 2016

    LESBIAN, GAY, BISEXUAL, AND TRANSGENDER PRIDE MONTH, 2016

    BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

    A PROCLAMATION

    Since our founding, America has advanced on an unending path toward becoming a more perfect Union.

    This journey, led by forward-thinking individuals who have set their sights on reaching for a brighter tomorrow, has never been easy or smooth.

    The fight for dignity and equality for lesbian, gay, bisexual, and transgender (LGBT) people is reflected in the tireless dedication of advocates and allies who strive to forge a more inclusive society.

    They have spurred sweeping progress by changing hearts and minds and by demanding equal treatment — under our laws, from our courts, and in our politics.

    This month, we recognize all they have done to bring us to this point, and we recommit to bending the arc of our Nation toward justice.

    Last year’s landmark Supreme Court decision guaranteeing marriage equality in all 50 States was a historic victory for LGBT Americans, ensuring dignity for same-sex couples and greater equality across State lines.

    For every partnership that was not previously recognized under the law and for every American who was denied their basic civil rights, this monumental ruling instilled newfound hope, affirming the belief that we are all more free when we are treated as equals.

    LGBT individuals deserve to know their country stands beside them.

    That is why my Administration is striving to better understand the needs of LGBT adults and to provide affordable, welcoming, and supportive housing to aging LGBT Americans.

    It is also why we oppose subjecting minors to the harmful practice of conversion therapy, and why we are continuing to promote equality and foster safe and supportive learning environments for all students.

    We remain committed to addressing health disparities in the LGBT community — gay and bisexual men and transgender women of color are at a particularly high risk for HIV, and we have worked to strengthen our National HIV/AIDS Strategy to reduce new infections, increase access to care, and improve health outcomes for people living with HIV.

    Despite the extraordinary progress of the past few years, LGBT Americans still face discrimination simply for being who they are.

    I signed an Executive Order in 2014 that prohibits discrimination against Federal employees and contractors on the basis of sexual orientation or gender identity.

    I urge the Congress to enact legislation that builds upon the progress we have made, because no one should live in fear of losing their job simply because of who they are or who they love.

    And our commitment to combatting discrimination against the LGBT community does not stop at our borders: Advancing the fair treatment of all people has long been a cornerstone of American diplomacy, and we have made defending and promoting the human rights of LGBT individuals a priority in our engagement across the globe.

    In line with America’s commitment to the notion that all people should be treated fairly and with respect, champions of this cause at home and abroad are upholding the simple truth that LGBT rights are human rights.

    There remains much work to do to extend the promise of our country to every American, but because of the acts of courage of the millions who came out and spoke out to demand justice and of those who quietly toiled and pushed for progress, our Nation has made great strides in recognizing what these brave individuals long knew to be true in their hearts — that love is love and that no person should be judged by anything but the content of their character.

    During Lesbian, Gay, Bisexual, and Transgender Pride Month, as Americans wave their flags of pride high and march boldly forward in parades and demonstrations, let us celebrate how far we have come and reaffirm our steadfast belief in the equal dignity of all Americans.

    NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim June 2016 as Lesbian, Gay, Bisexual, and Transgender Pride Month.

    I call upon the people of the United States to eliminate prejudice everywhere it exists, and to celebrate the great diversity of the American people.

    IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of May, in the year of our Lord two thousand sixteen, and of the Independence of the United States of America the two hundred and fortieth.

    BARACK OBAMA

  17. You don’t think that Barry guy is actually anything anyone should listen to, do you?

    If you actually do pay attention to what he does, then you know we have already been turned over to the UN as of September last year.

    There is no United States of America.

    Why are you dirtying up Cal’s blog with putrid lying subversive crap?

    What kind of doublespeak lies is that?

    Independence of the United States the two hundred and fortieth?

    There is no independence.

    He sold us out.

  18. Part 1

    Here is the letter the US DOJ CRD & US DOE OCR sent to public schools (K – 12) and others receiving federal education funding in the United States of America.

    Most public schools in Illinois will likely be implementing these guidelines.

    This letter will keep school administrators busy all summer.

    Has your locally elected school board notified you about this letter?

    Has the school district administration notified you about this letter?

    Because this letter will impact what millions of children will at some point encounter in schools, all the way from Kindergarten through 12th grade (preschool too?).

    Here is the letter.

    U.S. Department of Justice, Civil Rights Division

    U.S. Department of Education Office for Civil Rights

    Dear Colleague Letter on Transgender Students

    May 13, 2016

    Dear Colleague:

    Schools across the country strive to create and sustain inclusive, supportive, safe, and nondiscriminatory communities for all students.

    In recent years, we have received an increasing number of questions from parents, teachers, principals, and school superintendents about civil rights protections for transgender students.

    Title IX of the Education Amendments of 1972 (Title IX) and its implementing regulations prohibit sex discrimination in educational programs and activities operated by recipients of Federal financial assistance.1

    This prohibition encompasses discrimination based on a student’s gender identity, including discrimination based on a student’s transgender status.

    This letter summarizes a school’s Title IX obligations regarding transgender students and explains how the U.S. Department of Education (ED) and the U.S. Department of Justice (DOJ) evaluate a school’s compliance with these obligations.

    ED and DOJ (the Departments) have determined that this letter is significant guidance.2

    This guidance does not add requirements to applicable law, but provides information and examples to inform recipients about how the Departments evaluate whether covered entities are complying with their legal obligations.

    If you have questions or are interested in commenting on this guidance, please contact ED at ocr@ed.gov or 800-421-3481 (TDD 800-877-8339); or DOJ at education@usdoj.gov or 877-292-3804 (TTY: 800-514-0383).

    Accompanying this letter is a separate document from ED’s Office of Elementary and Secondary Education, Examples of Policies and Emerging Practices for Supporting Transgender Students.

    The examples in that document are taken from policies that school districts, state education agencies, and high school athletics associations around the country have adopted to help ensure that transgender students enjoy a supportive and nondiscriminatory school environment.

    Schools are encouraged to consult that document for practical ways to meet Title IX’s requirements.3

  19. Part 2

    Terminology

    Gender identity refers to an individual’s internal sense of gender. A person’s gender identity may be different from or the same as the person’s sex assigned at birth.

    Sex assigned at birth refers to the sex designation recorded on an infant’s birth certificate should such a record be provided at birth.

    Transgender describes those individuals whose gender identity is different from the sex they were assigned at birth. A transgender male is someone who identifies as male but was assigned the sex of female at birth; a transgender female is someone who identifies as female but was assigned the sex of male at birth.

    Gender transition refers to the process in which transgender individuals begin asserting the sex that corresponds to their gender identity instead of the sex they were assigned at birth. During gender transition, individuals begin to live and identify as the sex consistent with their gender identity and may dress differently, adopt a new name, and use pronouns consistent with their gender identity. Transgender individuals may undergo gender transition at any stage of their lives, and gender transition can happen swiftly or over a long duration of time.

    Compliance with Title IX

    As a condition of receiving Federal funds, a school agrees that it will not exclude, separate, deny benefits to, or otherwise treat differently on the basis of sex any person in its educational programs or activities unless expressly authorized to do so under Title IX or its implementing regulations.4

    The Departments treat a student’s gender identity as the student’s sex for purposes of Title IX and its implementing regulations.

    This means that a school must not treat a transgender student differently from the way it treats other students of the same gender identity.

    The Departments’ interpretation is consistent with courts’ and other agencies’ interpretations of Federal laws prohibiting sex discrimination.5

    The Departments interpret Title IX to require that when a student or the student’s parent or guardian, as appropriate, notifies the school administration that the student will assert a gender identity that differs from previous representations or records, the school will begin treating the student consistent with the student’s gender identity.

    Under Title IX, ther e is no medical diagnosis or treatment requirement that students must meet as a prerequisite to being treated consistent with their gender identity.6

    Because transgender students often are unable to obtain identification documents that reflect their gender identity (e.g., due to restrictions imposed by state or local law in their place of birth or residence),7 requiring students to produce such identification documents in order to treat them consistent with their gender identity may violate Title IX when doing so has the practical effect of limiting or denying students equal access to an educational program or activity.

    A school’s Title IX obligation to ensure nondiscrimination on the basis of sex requires schools to provide transgender students equal access to educational programs and activities even in circumstances in which other students, parents, or community members raise objections or concerns.

    As is consistently recognized in civil rights cases, the desire to accommodate others’ discomfort cannot justify a policy that singles out and disadvantages a particular class of students.8

    1. Safe and Nondiscriminatory Environment

    Schools have a responsibility to provide a safe and nondiscriminatory environment for all students, including transgender students.

    Harassment that targets a student based on gender identity, transgender status, or gender transition is harassment based on sex, and the Departments enforce Title IX accordingly.9

    If sex-based harassment creates a hostile environment, the school must take prompt and effective steps to end the harassment, prevent its recurrence, and, as appropriate, remedy its effects.

  20. Part 3

    A school’s failure to treat students consistent with their gender identity may create or contribute to a hostile environment in violation of Title IX.

    For a more detailed discussion of Title IX requirements related to sex-based harassment, see guidance documents from ED’s Office for Civil Rights (OCR) that are specific to this topic.10

    2. Identification Documents, Names, and Pronouns
    Under Title IX, a school must treat students consistent with their gender identity even if their education records or identification documents indicate a different sex.

    The Departments have resolved Title IX investigations with agreements committing that school staff and contractors will use pronouns and names consistent with a transgender student’s gender identity. 11

    3. Sex-Segregated Activities and Facilities

    Title IX’s implementing regulations permit a school to provide sex-segregated restrooms, locker rooms, shower facilities, housing, and athletic teams, as well as single-sex classes under certain circumstances.12

    When a school provides sex-segregated activities and facilities, transgender students must be allowed to participate in such activities and access such facilities consistent with their gender identity.13

    Restrooms and Locker Rooms.

    A school may provide separate facilities on the basis of sex, but must allow transgender students access to such facilities consistent with their gender identity.14

    A school may not require transgender students to use facilities inconsistent with their gender identity or to use individual-user facilities when other students are not required to do so.

    A school may, however, make individual-user options available to all students who voluntarily seek additional privacy.15

    Athletics.

    Title IX regulations permit a school to operate or sponsor sex-segregated athletics teams when selection for such teams is based upon competitive skill or when the activity involved is a contact sport.16

    A school may not, however, adopt or adhere to requirements that rely on overly broad generalizations or stereotypes about the differences between transgender students and other students of the same sex (i.e., the same gender identity) or others’ discomfort with transgender students.17

    Title IX does not prohibit age-appropriate, tailored requirements based on sound, current, and research-based medical knowledge about the impact of the students’ participation on the competitive fairness or physical safety of the sport.18

    Single-Sex Classes.

    Although separating students by sex in classes and activities is generally prohibited, nonvocational elementary and secondary schools may offer nonvocational single-sex classes and extracurricular activities under certain circumstances.19 When offering such classes and activities, a school must allow transgender students to participate consistent with their gender identity.

    Single-Sex Schools.

    Title IX does not apply to the admissions policies of certain educational institutions, including nonvocational elementary and secondary schools, and private undergraduate colleges.20

    Those schools are therefore permitted under Title IX to set their own sex-based admissions policies.

    Nothing in Title IX prohibits a private undergraduate women’s college from admitting transgender women if it so chooses.

  21. Part 4

    Social Fraternities and Sororities.

    Title IX does not apply to the membership practices of social fraternities and sororities.21

    Those organizations are therefore permitted under Title IX to set their own policies regarding the sex, including gender identity, of their members.

    Nothing in Title IX prohibits a fraternity from admitting transgender men or a sorority from admitting transgender women if it so chooses.

    Housing and Overnight Accommodations.

    Title IX allows a school to provide separate housing on the basis of sex.22

    But a school must allow transgender students to access housing consistent with their gender identity and may not require transgender students to stay in single-occupancy accommodations or to disclose personal information when not required of other students.

    Nothing in Title IX prohibits a school from honoring a student’s voluntary request for single-occupancy accommodations if it so chooses.23

    Other Sex-Specific Activities and Rules. Unless expressly authorized by Title IX or its implementing regulations, a school may not segregate or otherwise distinguish students on the basis of their sex, including gender identity, in any school activities or the application of any school rule.

    Likewise, a school may not discipline students or exclude them from participating in activities for appearing or behaving in a manner that is consistent with their gender identity or that does not conform to stereotypical notions of masculinity or femininity (e.g., in yearbook photographs, at school dances, or at graduation ceremonies).24

    4. Privacy and Education Records

    Protecting transgender students’ privacy is critical to ensuring they are treated consistent with their gender identity.

    The Departments may find a Title IX violation when a school limits students’ educational rights or opportunities by failing to take reasonable steps to protect students’ privacy related to their transgender status, including their birth name or sex assigned at birth.25

    Nonconsensual disclosure of personally identifiable information (PII), such as a student’s birth name or sex assigned at birth, could be harmful to or invade the privacy of transgender students and may also violate the Family Educational Rights and Privacy Act (FERPA).26

    A school may maintain records with this information, but such records should be kept confidential.

    Disclosure of Personally Identifiable Information from Education Records.

    FERPA generally prevents the nonconsensual disclosure of PII from a student’s education records; one exception is that records may be disclosed to individual school personnel who have been determined to have a legitimate educational interest in the information.27

    Even when a student has disclosed the student’s transgender status to some members of the school community, schools may not rely on this FERPA exception to disclose PII from education records to other school personnel who do not have a legitimate educational interest in the information.

    Inappropriately disclosing (or requiring students or their parents to disclose) PII from education records to the school community may violate FERPA and interfere with transgender students’ right under Title IX to be treated consistent with their gender identity.

    Disclosure of Directory Information.

    Under FERPA’s implementing regulations, a school may disclose appropriately designated directory information from a student’s education record if disclosure would not generally be considered harmful or an invasion of privacy.28

  22. Part 5

    Directory information may include a student’s name, address, telephone number, date and place of birth, honors and awards, and dates of attendance.29

    School officials may not designate students’ sex, including transgender status, as directory information because doing so could be harmful or an invasion of privacy.30

    A school also must allow eligible students (i.e., students who have reached 18 years of age or are attending a postsecondary institution) or parents, as appropriate, a reasonable amount of time to request that the school not disclose a student’s directory information.31

    Amendment or Correction of Education Records.

    A school may receive requests to correct a student’s education records to make them consistent with the student’s gender identity.

    Updating a transgender student’s education records to reflect the student’s gender identity and new name will help protect privacy and ensure personnel consistently use appropriate names and pronouns.

    o Under FERPA, a school must consider the request of an eligible student or parent to amend information in the student’s education records that is inaccurate, misleading, or in violation of the student’s privacy rights.32

    If the school does not amend the record, it must inform the requestor of its decision and of the right to a hearing.

    If, after the hearing, the school does not amend the record, it must inform the requestor of the right to insert a statement in the record with the requestor’s comments on the contested information, a statement that the requestor disagrees with the hearing decision, or both.

    That statement must be disclosed whenever the record to which the statement relates is disclosed.33

    o Under Title IX, a school must respond to a request to amend information related to a student’s transgender status consistent with its general practices for amending other students’ records.34

    If a student or parent complains about the school’s handling of such a request, the school must promptly and equitably resolve the complaint under the school’s Title IX grievance procedures.35

    We appreciate the work that many schools, state agencies, and other organizations have undertaken to make educational programs and activities welcoming, safe, and inclusive for all students.

    Catherine E. Lhamon
    Assistant Secretary for Civil Rights
    U.S. Department of Education

    Vanita Gupta
    Principal Deputy Assistant Attorney General for Civil Rights
    U.S. Department of Justice

    1
    20 U.S.C. §§ 1681–1688; 34 C.F.R. Pt. 106; 28 C.F.R. Pt. 54.
    In this letter, the term schools refers to recipients of Federal financial assistance at all educational levels, including school districts, colleges, and universities.
    An educational institution that is controlled by a religious organization is exempt from Title IX to the extent that compliance would not be consistent with the religious tenets of such organization.
    20 U.S.C. § 1681(a)(3); 34 C.F.R. §106.12(a).

    2
    Office of Management and Budget, Final Bulletin for Agency Good Guidance Practices, 72 Fed. Reg. 3432 (Jan. 25,2007), http://www.whitehouse.gov/sites/default/files/omb/fedreg/2007/012507_good_guidance.pdf.

    3
    ED, Examples of Policies and Emerging Practices for Supporting Transgender Students (May 13, 2016), http://www.ed.gov/oese/oshs/emergingpractices.pdf.

  23. Part 6

    OCR also posts many of its resolution agreements in casesinvolving transgender students online at http://www.ed.gov/ocr/lgbt.html.
    While these agreements address fact-specific cases, and therefore do not state general policy, they identify examples of ways OCR and recipients have resolved some issues addressed in this guidance.

    4
    34 C.F.R. §§ 106.4, 106.31(a).
    For simplicity, this letter cites only to ED’s Title IX regulations. DOJ has also promulgated Title IX regulations. See 28 C.F.R. Pt. 54.
    For purposes of how the Title IX regulations at issue in this guidance apply to transgender individuals, DOJ interprets its regulations similarly to ED. State and local rules cannot limit or override the requirements of Federal laws.
    See 34 C.F.R. § 106.6(b).

    5
    See, e.g., Price Waterhouse v. Hopkins, 490 U.S. 228 (1989); Oncale v. Sundowner Offshore Servs. Inc., 523 U.S. 75, 79 (1998);

    G.G. v. Gloucester Cnty. Sch. Bd., No. 15-2056, 2016 WL 1567467, at *8 (4th Cir. Apr. 19, 2016);

    Glenn v. Brumby, 663 F.3d 1312, 1317 (11th Cir. 2011); Smith v. City of Salem, 378 F.3d 566, 572-75 (6th Cir. 2004);

    Rosa v. Park W. Bank & Trust Co., 214 F.3d 213, 215–16 (1st Cir. 2000); Schwenk v. Hartford, 204 F.3d 1187, 1201–02 (9th Cir. 2000); Schroer v. Billington, 577 F. Supp. 2d 293, 306-08 (D.D.C. 2008);

    Macy v. Dep’t of Justice, Appeal No. 012012082 (U.S. Equal Emp’t Opportunity Comm’n Apr. 20, 2012).

    See also U.S. Dep’t of Labor (USDOL), Training and Employment Guidance Letter No. 37-14, Update on Complying with Nondiscrimination Requirements:

    Discrimination Based on Gender Identity, Gender Expression and Sex Stereotyping are Prohibited Forms of Sex Discrimination in the Workforce Development System (2015), wdr.doleta.gov/directives/attach/TEGL/TEGL_37-14.pdf;

    USDOL, Job Corps, Directive: Job Corps Program Instruction Notice No. 14-31, Ensuring Equal Access forTransgender Applicants and Students to the Job Corps Program (May 1, 2015), https://supportservices.jobcorps.gov/Program%20Instruction%20Notices/pi_14_31.pdf;

    DOJ, Memorandum from the Attorney General, Treatment of Transgender Employment Discrimination Claims Under Title VII of the Civil Rights Act of 1964 (2014), http://www.justice.gov/sites/default/files/opa/press-releases/attachments/2014/12/18/title_vii_memo.pdf;

    USDOL, Office of Federal Contract Compliance Programs, Directive 2014-02, Gender Identity and Sex Discrimination (2014), http://www.dol.gov/ofccp/regs/compliance/directives/dir2014_02.html.

    6
    See Lusardi v. Dep’t of the Army, Appeal No. 0120133395 at 9 (U.S. Equal Emp’t Opportunity Comm’n Apr. 1, 2015) (“An agency may not condition access to facilities—or to other terms, conditions, or privileges of employment—on the completion of certain medical steps that the agency itself has unilaterally determined will somehow prove the bona fides of the individual’s gender identity.”).

    7
    See G.G., 2016 WL 1567467, at *1 n.1 (noting that medical authorities “do not permit sex reassignment surgery for persons who are under the legal age of majority”).

    8
    34 C.F.R. § 106.31(b)(4);

    see G.G., 2016 WL 1567467, at *8 & n.10 (affirming that individuals have legitimate and important privacy interests and noting that these interests do not inherently conflict with nondiscrimination principles);

  24. Part 7

    Cruzan v. Special Sch. Dist. No. 1, 294 F.3d 981, 984 (8th Cir. 2002) (rejecting claim that allowing a transgender woman “merely [to be] present in the women’s faculty restroom” created a hostile environment);

    Glenn, 663 F.3d at 1321 (defendant’s proffered justification that “other women might object to [the plaintiff]’s restroom use” was “wholly irrelevant”).

    See also Palmore v. Sidoti, 466 U.S. 429, 433 (1984) (“Private biases may be outside the reach of the law, but the law cannot, directly or indirectly, give them effect.”);

    City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 448 (1985) (recognizing that “mere negative attitudes, or fear . . . are not permissible bases for” government action).

    9
    See, e.g., Resolution Agreement, In re Downey Unified Sch. Dist., CA, OCR Case No. 09-12-1095, (Oct. 8, 2014), http://www.ed.gov/documents/press-releases/downey-school-district-agreement.pdf (agreement to address harassment of transgender student, including allegations that peers continued to call her by her former name, shared pictures of her prior to her transition, and frequently asked questions about her anatomy and sexuality);

    Consent Decree, Doe v. Anoka-Hennepin Sch. Dist. No. 11, MN (D. Minn. Mar. 1, 2012), http://www.ed.gov/ocr/docs/investigations/05115901-d.pdf (consent decree to address sex-based harassment, including based on nonconformity with gender stereotypes);

    Resolution Agreement, In re Tehachapi Unified Sch. Dist., CA, OCR Case No. 09-11-1031 (June 30, 2011), http://www.ed.gov/ocr/docs/investigations/09111031-b.pdf (agreement to address sexual and gender-based harassment, including harassment based on nonconformity with gender stereotypes).

    See also Lusardi, Appeal No. 0120133395, at *15 (“Persistent failure to use the employee’s correct name and pronoun may constitute unlawful, sex-based harassment if such conduct is either severe or pervasive enough to create a hostile work environment”).

    10
    See, e.g., OCR, Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties (2001), http://www.ed.gov/ocr/docs/shguide.pdf;

    OCR, Dear Colleague Letter: Harassment and Bullying (Oct. 26, 2010), http://www.ed.gov/ocr/letters/colleague-201010.pdf;

    OCR, Dear Colleague Letter: Sexual Violence (Apr. 4, 2011), http://www.ed.gov/ocr/letters/colleague-201104.pdf;

    OCR, Questions and Answers on Title IX and Sexual Violence (Apr. 29, 2014), http://www.ed.gov/ocr/docs/qa-201404-title-ix.pdf.

    11
    See, e.g., Resolution Agreement, In re Cent. Piedmont Cmty. Coll., NC, OCR Case No. 11-14-2265 (Aug. 13, 2015), http://www.ed.gov/ocr/docs/investigations/more/11142265-b.pdf (agreement to use a transgender student’s preferred name and gender and change the student’s official record to reflect a name change).

    12
    34 C.F.R. §§ 106.32, 106.33, 106.34, 106.41(b).

    13
    See 34 C.F.R. § 106.31.

    14
    34 C.F.R. § 106.33.

    15
    See, e.g., Resolution Agreement, In re Township High Sch. Dist. 211, IL, OCR Case No. 05-14-1055 (Dec. 2, 2015), http://www.ed.gov/ocr/docs/investigations/more/05141055-b.pdf (agreement to provide any student who requests additional privacy “access to a reasonable alternative, such as assignment of a

  25. Part 8

    student locker in near proximity to the office of a teacher or coach; use of another private area (such as a restroom stall) within the public area;

    use of a nearby private area (such as a single-use facility); or a separate schedule of use.”).

    16
    34 C.F.R. § 106.41(b).

    Nothing in Title IX prohibits schools from offering coeducational athletic opportunities.

    17
    34 C.F.R. § 106.6(b), (c). An interscholastic athletic association is subject to Title IX if (1) the association receives Federal financial assistance or (2) its members are recipients of Federal financial assistance and have ceded controlling authority over portions of their athletic program to the association.

    Where an athletic association is covered by Title IX, a school’s obligations regarding transgender athletes apply with equal force to the association.

    18
    The National Collegiate Athletic Association (NCAA), for example, reported that in developing its policy for participation by transgender students in college athletics, it consulted with medical experts, athletics officials, affected students, and a consensus report entitled On the Team: Equal Opportunity for Transgender Student Athletes (2010) by Dr. Pat Griffin & Helen J. Carroll (On the Team), https://www.ncaa.org/sites/default/files/NCLR_TransStudentAthlete%2B(2).pdf.

    See NCAA Office of Inclusion, NCAA Inclusion of Transgender Student-Athletes 2, 30-31 (2011), https://www.ncaa.org/sites/default/files/Transgender_Handbook_2011_Final.pdf (citing On the Team).

    The On the Team report noted that policies that may be appropriate at the college level may “be unfair and too complicated for [the high school] level of competition.”

    On the Team at 26.

    After engaging in similar processes, some state interscholastic athletics associations have adopted policies for participation by transgender students in high school athletics that they determined were age-appropriate.

    19
    34 C.F.R. § 106.34(a), (b). Schools may also separate students by sex in physical education classes during participation in contact sports. Id. § 106.34(a)(1).

    20
    20 U.S.C. § 1681(a)(1); 34 C.F.R. § 106.15(d); 34 C.F.R. § 106.34(c) (a recipient may offer a single-sex public nonvocational elementary and secondary school so long as it provides students of the excluded sex a “substantially equal single-sex school or coeducational school”).

    21
    20 U.S.C. § 1681(a)(6)(A); 34 C.F.R. § 106.14(a).

    22
    20 U.S.C. § 1686; 34 C.F.R. § 106.32.

    23
    See, e.g., Resolution Agreement, In re Arcadia Unified. Sch. Dist., CA, OCR Case No. 09-12-1020, DOJ Case No. 169-12C-70, (July 24, 2013), http://www.justice.gov/sites/default/files/crt/legacy/2013/07/26/arcadiaagree.pdf (agreement to provide access to single-sex overnight events consistent with students’ gender identity, but allowing students to request access to private facilities).

    24
    See 34 C.F.R. §§ 106.31(a), 106.31(b)(4).
    See also, In re Downey Unified Sch. Dist., CA, supra n. 9; In re Cent. Piedmont Cmty. Coll., NC, supra n. 11.

  26. Part 9 of 9

    25
    34 C.F.R. § 106.31(b)(7).

    26
    20 U.S.C. § 1232g; 34 C.F.R. Part 99.

    FERPA is administered by ED’s Family Policy Compliance Office (FPCO).

    Additional information about FERPA and FPCO is available at http://www.ed.gov/fpco.

    27
    20 U.S.C. § 1232g(b)(1)(A); 34 C.F.R. § 99.31(a)(1).

    28
    34 C.F.R. §§ 99.3, 99.31(a)(11), 99.37.

    29
    20 U.S.C. § 1232g(a)(5)(A); 34 C.F.R. § 99.3.

    30
    Letter from FPCO to Institutions of Postsecondary Education 3 (Sept. 2009), http://www.ed.gov/policy/gen/guid/fpco/doc/censuslettertohighered091609.pdf.

    31
    20 U.S.C. § 1232g(a)(5)(B); 34 C.F.R. §§ 99.3. 99.37(a)(3).

    32
    34 C.F.R. § 99.20.

    33
    34 C.F.R. §§ 99.20-99.22.

    34
    See 34 C.F.R. § 106.31(b)(4).

    35
    34 C.F.R. § 106.8(b).

  27. You mean United Nations 2030 to eradicate global poverty and hunger by year 2030?

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