As we reported in an earlier blog post, employers have been keeping an eye on the ongoing political fights over the rights of transgender persons to use restrooms that correspond to their gender identities.
Yesterday, the Department of Justice (DOJ) and the Department of Education (DOE) issued a joint “Dear Colleague Letter” withdrawing two statements of policy and guidance issued by the Obama Administration relating to transgender students’ access to restroom and locker room facilities. The prior guidance documents took the position that prohibitions on discrimination “on the basis of sex” under federal law governing education (Title IX), also apply to gender identity, and require schools receiving federal funds to allow transgender students to use the facilities that correspond to their gender identities. The new letter from the Trump Administration states that the prior guidance did not contain extensive legal analysis, and did not undergo a formal public comment and review process. The new letter from the DOJ and the DOE also notes that states and local school districts play a primary role in establishing educational policy.
Continue Reading The Latest Battle in the “Bathroom Wars”