This guide was written by Abby Shuler and Craig White of the Campaign for Southern Equality. Abby Shuler is the Research Associate for the Supportive Schools Program, and Craig White is the Supportive Schools Director.
- View the full guide here.
- Additional information for students can be found here.
- Additional information for administrators and school board members can be found here.
Schools should be safe places where all students and employees are treated with respect. However, as 2022 kicks off, we’re seeing campaigns to ban books with LGBTQ+ topics and characters, protests at school board meetings about LGBTQ+ content in the curriculum, increased harassment of LGBTQ+ students, staff and faculty, and teachers being pressured to take down pride flags and remove affirming messages from their classrooms. Against that backdrop, it is critical that LGBTQ+ staff and faculty know your rights under the law and how to stand up for them.
If you are being discriminated against at your workplace, you have the power to stop it. The following is a guide to help you figure out what steps to take to fight for your rights.
You have anti-discrimination protections under both Title IX (see the ‘Students’ section for how to file an official Title IX complaint) and under Title VII, employment discrimination (see the steps below).
- Is this harassment? “I can’t take this any more.” “I don’t think I can go to work and face that again.” “That was really not okay.” “Nobody should be allowed to say / do things like that.” “Why isn’t the school protecting me?” If you find yourself feeling, thinking, or saying things like this, you may be experiencing harassment or discrimination. If you are being targeted because of your gender, gender identity, gender expression, or sexual orientation (whether actual or what somebody else is assuming), then that harassment is illegal. You are also protected at school from discrimination and harassment on the basis of race, national origin, religion, disability, and other identities. If you would like to take action against discrimination based on another identity other than sexual orientation or gender identity and expression, you can follow these steps too.
- Find a trusted support person who can listen, assist and guide you. They can help you think about your options, and go with you if you decide to make a report or talk to the administration. They might also, with your permission, be able to talk to the administration or make a report on your behalf. You may reach out to a school counselor, school social worker, or another colleague about what you are experiencing. The school’s human resources department may also be able to provide support. If there’s nobody at school that you feel safe to speak with, then speak with an outside friend or ally, or a support person from a local LGBTQ+ center.
- Write everything down. Compile evidence of the discrimination (discriminatory/hostile emails or memos, witnesses, etc.) and copies of any efforts that you made to address the issue. Keep this evidence at home, not in your workplace. If you can, try to get a copy of your personnel file early in this process as well.
- Ask for rules and policies in writing. Sometimes, school administrators will try to address complaints by imposing restrictions on LGBTQ+ faculty, such as not referring to your spouse or partner in front of students, not displaying pride flags or rainbow imagery in the classroom, or forcing GSA clubs to follow rules that other clubs do not. You are free to ask, “Is this a rule for me, or is this a rule for all faculty?” You are also free to request the written policy before you comply. If the rule or policy is not applied and enforced equally, that can be a clear indicator of discrimination.
- Locate your school’s and/or school district’s employee manual. Many districts have policies in place for filing discrimination and harassment complaints. Call your school district’s office if you have questions about their anti-discrimination policies, and what avenues they would prefer you to take to do so.
- You may not need to file a complaint. One strategy is to approach a trusted administrator, Title IX coordinator, or Human Resources staff member, and let them know, “Here’s what’s been happening. I don’t know if I should be filing a Title IX sexual harassment complaint or a Title VII employment discrimination complaint. Can you advise me?” They may be able to help you get your concerns addressed without a formal complaint. However, don’t threaten a complaint if you’re not willing to follow through.
- If there are no complaint policies in your school district OR they do not take your complaint seriously, you can file a complaint with your county or state’s Fair Employment Practices Agency. FEPAs are responsible for enforcing anti-discrimination state and local laws, which are often more specific than federal anti-discrimination laws. If you file a complaint with your local FEPA, it will be “dual-filed” with the EEOC (see below). Here is a list of state FEPAs. To see if your county has fair employment ordinances, visit your county’s website and/or contact the county clerk’s office.
- You can also file a federal workplace discrimination complaint (note: if you file with a FEPA, it will automatically be filed with the EEOC). Federally, you can file a Charge of Discrimination with the US Equal Opportunity Commission. First, you will be required to interview with the EEOC so they can assess the situation and determine appropriate next steps. Then, you will be invited to sign a Charge of Discrimination statement that will in turn start the EEOC formal investigation process. Visit the EEOC Public Portal to get started.
- You have a right to legal representation. You do not have to have an attorney to file a complaint, but an attorney can help you with exploring your options and decisions, and provide support throughout the process. Sometimes a union or professional association can help provide legal assistance.
Important Things to Remember:
- You are safe from retaliation! It is illegal for a school/agency to retaliate against someone who files a civil rights complaint.
- Someone else can file on your behalf. If you do not feel safe submitting a complaint by yourself, have someone help you.
- Time is important. You have 180 days to file a complaint after the last discriminatory incident.
- Never forget your power and your rights! In standing up for yourself, you are also standing up for other people in your school community.
Sources and Resources:
- Lambda Legal’s Know Your Rights guidance – Lambda Legal is a national organization dedicated to upholding the civil rights of the LGBTQ+ community. This page outlines the rights of LGBTQ+ individuals in the workplace, at school, in court, as well as the rights of those living with HIV.
- Know Your IX: Guidance on taking legal action under Title IX – This is another great resource on how students and school staff can file a Title IX complaint. It includes in depth information about filing an OCR complaint and/or a Title IX lawsuit.
- GLSEN’s LGBTQ+ Educator Rights – Here is an excellent list of your rights as a LGBTQ+ educator, as well as a short overview of filing an EEOC complaint. It also includes contact information for advocacy organizations that can help you.
- Fair Employment Practices Agencies – This is a simple fact sheet from the US Equal Employment Opportunity Commission about FEPAs, how to file a discrimination charge against your workplace, and what dual-filing is.
- FEPA and EEOC Dual Filing FAQs – Here is a bit more information on dual filing between FEPA and EEOC complaints, as well as how the two agencies will share your data.
- Filing a Charge of Discrimination with the EEOC – More guidance on filing discrimination charges with your local FEPA and the EEOC, as well as a link to the EEOC Public Portal to get started with the charge.
- Resources for LGBTQI Students from the Department of Education – These fact sheets, videos, guidance letters and other resources can be a powerful tool in making your case with teachers and administrators. While the materials here are targeted toward students, all school employees have the same protections under Title IX.
- Types of Educational Opportunities Discrimination Protection – Here is a complete list of civil rights protections for individuals in educational agencies from the Department of Justice.
- U.S. Supreme Court’s ruling in Bostock vs. Clayton County – This landmark case ruled that sexual orientation, gender identity, and gender expression are included in all civil rights protections on the basis of sex.
Disclaimer: This document includes resources and information and it is not legal advice. Moreover, due to the rapidly changing nature of the law and our reliance on information provided by outside sources, we make no warranty or guarantee. For legal advice, it is advised to consult an attorney.
