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The First Amendment protects your right to express yourself in public schools. Your constitutional right to privacy makes it illegal for your school to “out” you to anyone without your permission, even if you’re out to other people at school.
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The First Amendment right to free expression can also apply to school dress codes. Title IX of the Education Amendments of 1972 bans discrimination on the basis of sex by public schools, and several federal courts have ruled that Title IX protects LGBTQ students from discrimination or harassment.įederal courts have held that Title IX requires public schools to respond to harassment based on appearance or behavior that doesn’t conform to gender stereotypes: boys who wear makeup, girls who wear pants, or students who are transgender or non-binary.
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We encourage you to contact your local ACLU affiliate or the national ACLU LGBT & HIV Project for help weighing your options. What you can do depends largely on where the discrimination took place, whether any state or local laws there might apply to your situation, and where things stand under the current administration. If you believe your rights have been violated Housing providers that receive funding from the Department of Housing and Urban Development (HUD) or have loans insured by the Federal Housing Administration (FHA), as well as lenders insured by FHA, are subject to HUD’s Equal Access Rule, which bans discrimination in HUD programs on the basis of sexual orientation or gender identity. Housing discrimination against people with HIV/AIDS, or people perceived to have HIV/AIDS, is also illegal under the Fair Housing Act’s protections against disability discrimination. State and local laws where you live may also bar this discrimination. We believe this should also be interpreted by the courts to protect LGBTQ people. The federal Fair Housing Act prohibits sex discrimination by most landlords. Contact us by filling out an intake form.
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If you’ve been discriminated against based on sexual orientation or gender identity, the ACLU may be able to help. But it’s possible that the EEOC may change its position on this question during the Trump administration. Equal Employment Opportunity Commission (EEOC), which has taken the position that LGBTQ people are protected under Title VII. If you feel that you have experienced discrimination at work, you can file a complaint with the U.S. If you believe that your rights have been violated In addition, many states and cities have laws that ban this kind of discrimination. The Supreme Court recently announced it will take up this question in three cases. Some courts have ruled that Title VII also bans discrimination based on sexual orientation or gender identity. Employers with 15 or more employees are prohibited by Title VII of the 1964 Civil Rights Act from discriminating on the basis of sex.