With President Donald Trump rolling back protections for transgender students on Wednesday by canceling his predecessor’s policy on the matter, employment attorneys say legal departments may need to brace for changes in the workplace.
In May 2016, the Obama administration issued a “Dear Colleague” letter to local school authorities advising them on how to construe Title IX of the Education Amendments of 1972. The letter, from the Civil Rights Division of the U.S. Department of Justice and the U.S. Department of Education, stated that Title IX’s prohibition against sex discrimination includes “ discrimination based on a student’s gender identity, including discrimination based on a student’s transgender status.” It went on to inform schools that they must allow transgender students to access restrooms consistent with their gender identity.
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