Gender Identity & Expression in Public Schools
Federal Civil Rights Protections for Transgender Americans
Federal law prohibits discrimination on the basis of sex in public schools. Title IV of
the Civil Rights Act of 1964 prohibits discrimination on the basis of sex in public
schools, and Title IX of the Education Amendments of 1972 prohibits discrimination
on the basis of sex by recipients of federal funds. These federal statutes bar sex
discrimination and harassment, including on the basis of nonconformity with sex
stereotypes.1
The United States, and several Circuit Courts have interpreted prohibitions on statemandated sex stereotypes to include proscription of discrimination against
transgender individuals.2
The Sixth Circuit – which includes Michigan – has determined that transgender
individuals are protected from discrimination under a sex stereotyping theory.3
Michigan Antidiscrimination Law
Michigan’s Elliot-Larsen Civil Rights Act of 1976 prohibits discrimination on the
basis of sex in education.4 This discrimination includes any act that prevents “an
individual in the full utilization of or benefit from the institution, or the services,
activities, or programs by the institution.” 5 Efforts to amend Michigan’s ElliotLarsen Civil Rights Act to include gender identity are still a work in progress.
Though courts have found that federal laws cover sex stereotyping theory that
includes transgender status, courts have not interpreted Michigan laws to provide
the same protection.6
Transgender students may also find protection under a patchwork of state and local
policies. Though Michigan’s anti-bullying statute does not provide explicit
protection for gender identity and expression, it does require all schools to adopt
and enforce anti-bullying policies. Furthermore, several school districts in Michigan
have formally enacted explicit protections for transgender student. Finally, while
Cf. Price Waterhouse v. Hopkins, 490 U.S. 228 (1989).
Macy v. Holder, Appeal No. 0120120821 (U.S. Equal Employment Opportunity Commission, Apr. 20,
2012); Glenn v. Brumby, 663 F.3d 1312 (11th Cir. 2011); Schroer v. Billington, 577 F. Supp. 2d 293
(D.D.C. 2008); contra Etsitty v. Utah Transit Auth., 502 F.3d 1215 (10th Cir. 2005); Memorandum
from Eric Holder, Attorney General of the United States, Treatment of Transgender Employment
Discrimination Claims Under Title VII of the Civil Rights Act of 1964 (Dec. 15, 2014).
3 Smith v. City of Salem, 378 F.3d 566 (6th Cir. 2004).
4 Mich. Comp. Laws Ann. § 37.2402 (West 2014).
5 Id.
6 ACLU, Know Your Rights – Transgender People and the Law, Apr. 23, 2013,
https://www.aclu.org/lgbt-rights/know-your-rights-transgender-people-and-law.
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2
amending Elliott-Larsen remains a work in progress, several localities, including
Detroit, Ann Arbor, Lansing, East Lansing and Grand Rapids, have amended antidiscrimination ordinances to include protections for gender identity and expression.
What Constitutes Education Discrimination?
Michigan and Federal law prohibit discrimination in education on the basis of sex.
Discrimination may occur for a wide variety of reasons, including denial of
admission; unjustified discipline; some mandatory sex-segregated activities;
unequal quality of educational opportunities; or harassing educational
environments.7
Courts are divided on whether denial of bathroom access constitutes illegal
discrimination. Recently, the Maine Supreme Court found that the denial of genderappropriate bathroom facilities for a transgender student constituted illegal
educational discrimination.8 However, other courts are divided on this issue.9
What Should I Do if I Believe I Have Experienced Discrimination?
Transgender individuals who think that they have experienced discrimination have
several options. Please consult with an attorney before taking any action, as some
options may foreclose future legal action.
Victims of education discrimination may file a complaint with the United States
Department of Education at no cost online at http://www2.ed.gov/about/
offices/list/ocr/complaintintro.html. Alternatively, one may file with the Michigan
Department of Civil Rights, if the alleged act occurred within the past 180 days, at
http://www.michigan.gov/mdcr/0,1607,7-138-42240_43561-153171--,00.html.
Victims of education discrimination also have the option of filing a Federal or State
lawsuit. Remedies can include injunctive relief, in which an educational entity is
prohibited from engaging in a discriminatory activity or required to actively enforce
a non-discriminatory policy.
Disclaimer: The content provided on this site is legal information, not legal advice. We make
no claim as to the accuracy of the information provided and are not responsible for any
consequences that may result from reliance on this information. Though the JTCC Know Your Rights
United States Department of Justice, Types of Educational Opportunities Discrimination,
http://www.justice.gov/crt/about/edu/types.php.
8 Doe v. Regional School Unit 26, 86 A.3d 600 (Maine 2014).
9 Compare Cruzan v. Minneapolis Public School System, 165 F. Supp. 2d 964, 969 (D. Minn. 2001)
(allowing transgender employee to use gender-appropriate bathroom did not create hostile work
environment for cisgender employees) with Goins v. West Group, 635 N.W.2d 717, 721 (Minn. 2001)
(company’s policy preventing transgender individuals from using gender-appropriate bathrooms did
not violate Minnesota’s transgender-inclusive human rights law)
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Project will work to ensure that bulletins are up to date, we cannot guarantee accuracy. For
application of the law to your specific situation, you must consult a licensed attorney. The
information provided here is for informational purposes only and is not a substitute for legal advice
or representation by a licensed attorney. Use of this site does not create an attorney-client
relationship.