Google Screened

Are You in the Healthcare Field?

Find Out How We Can Help »
[et_social_follow icon_style="slide" icon_shape="rectangle" icons_location="top" col_number="1" outer_color="dark"]
Millions Recovered For Our Clients No Fees Unless We Win

Philadelphia Employment Lawyers: Transgender Students May Sue

May 23rd, 2016

A transgender student in South Carolina was recently told by school administrators to use the girls’ bathroom, even though he identified as male. During a pep rally, he used the boys’ bathroom anyway, which resulted in a suspension the following day. The student enrolled in classes online instead of returning to school, and is now threatening legal action against Horry County Schools in South Carolina.

The student in this case was born female, but resisted wearing girls’ clothing and began showing signs of identifying as a male at the age of four. By seventh grade, he was wearing boys clothing. Based on his appearance, girls in his class began complaining when he used the girls’ rest room. His family and the school agreed to let him use the boys’ restroom so everyone would feel more comfortable.

At some point, a teacher found out that the student was born a female and complained to administrators about him using the boys’ bathroom. The school then decided that he had to use the girls’ restroom, or use the bathroom in the nurse’s office. Because the nurse’s office was about a ten-minute walk from his classroom, he was losing valuable class time walking back and forth, so he began using the boys’ bathroom again. One day, a teacher followed him and gave him a “look” when she saw him exiting the boys’ bathroom. He was suspended the following day for using the “wrong” bathroom.

Recently, the Fourth Circuit Court of Appeals addressed a similar issue. A transgender teen in Virginia claimed that the Gloucester County School Board violated Title IX, a federal law banning sex discrimination in schools, when it prevented him from using the boys’ restroom. The court ruled in his favor, and the nine federal district courts in Maryland, Virginia, West Virginia and the Carolinas must follow suit. It is unclear how the lower courts in these jurisdictions will interpret the decision regarding future gender identity cases.

North Carolina has recently passed a controversial law prohibiting transgender people from using the public restroom consistent with their gender identity. The Fourth Circuit’s decision may impact this legislation.

Philadelphia Employment Lawyers at Sidney L. Gold & Associates Represent Victims of Transgender Discrimination

Discrimination against an individual because of gender identity, including transgender status or sexual orientation, violates Title VII Civil Rights Act of 1964. Philadelphia employment lawyers at Sidney L. Gold & Associates have extensive experience fighting for LBGT issues, and a successful track record of litigating for our clients. If you believe that you are a victim of transgender discrimination at school or at work, call us at 215-569-1999 or contact us online to schedule a consultation.

View All Practices
2019 American Trail Lawyers badge
Lead Counsel Rated
life time achievement
million dollar advocates badge
AV Peer Review Rated
Philly Happening
Top one badge
Silver Client Champion Award 2020
super lawyers badge

As Seen On

avvo Martindale Justia FindLaw
© 2024 Sidney L. Gold and Associates, P.C. All rights reserved. [ Site Map | Privacy Policy ]

Attorney Advertising Materials. Sidney L. Gold is responsible for the content of this website. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Website Accessibility: Sidney L. Gold & Associates P.C. is committed to ensuring digital accessibility for people with disabilities. We are continually working to improve the accessibility of all content on our website and applying the relevant accessibility standards.

* The awards and accolades displayed on this website were issued to the attorneys, or the entire law firm by the respective providers of these honors. They are as follows, Avvo Inc., Super Lawyers®, Martindale Hubbell Peer Review Rated, ASLA Top 100 Lawyers, Million Dollar Advocates Forum, Legal Leaders Top Rated Lawyers, Bar Register Preeminent Lawyer, Happening List Winner, BBB Accredited Business, National Association of Distinguished Counsel Top 1 Percent, America's Top 100 Attorneys, The Employee Rights Advocacy Institute for law and policy, Best Lawyers, Lead Counsel Rated, Top Employment Lawyers in Philadelphia, Association of American Trial Lawyers Top 100 and Martindale Hubbell Client Champion Silver. No aspect of these advertisements have been approved by the Supreme Court of New Jersey.