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2013-08-22-ACLU letter

2013-08-22-ACLU letter

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Published by srothaus
ACLU of Florida letter to Pinellas School Board Re: Transgender Discrimination at PTEC
ACLU of Florida letter to Pinellas School Board Re: Transgender Discrimination at PTEC

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Published by: srothaus on Aug 26, 2013
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01/10/2014

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Daniel B. Tilley | Staff AttorneyACLU Foundation of Florida4500 Biscayne Blvd., Suite 340Miami, FL 33137T/786.363.2700dtilley@aclufl.org Superintendent Dr. Michael A. GregoPinellas County School Board301 Fourth Street SWLargo, FL 33770August 22, 2013Via E-mail: super@pcsb.org
Re: Alex Wilson, a nursing student at PTEC
Dear Dr. Grego,I am writing on behalf of Alex Wilson, a nursing student at Pinellas Technical Education Center. Alex is atransgender woman who seeks to use the women’s restroom at PTEC, as other women are allowed todo. Because she has been denied this basic right, we write to seek your assistance in ensuring that PTECadministrators comply with federal law.As we understand it, Alex has undergone appropriate clinical treatment for her gender transition,including receiving hormone treatments. She has been living as a woman for more than four years.Although her nursing program started this past April, she enrolled in preparatory classes at PTEC inNovember 2012. From November until July, Alex used the women’s restrooms at PTEC. On July 8, 2013,having become aware that Alex is transgender, school officials informed her that she could no longeruse the women’s restroom. In apparent acknowledgement that it would be inappropriate for her to usethe men’s restroom, she was given two alternatives. First, she was offered the ability to use a restroomin a separate building in what an administrator termed “the storage area”; this restroom did not lockfrom the inside. Second, she was offered the ability to use the faculty men’s restroom in the nursingbuilding, which until recently also did not lock from the inside. Further, to use that restroom, she mustfirst obtain a key from an administrator. On July 10, 2013, after media attention to the issue, anadministrator also offered Alex the ability to use a family restroom in another building. During that sameconversation—in which the administrator referred to Alex using the male pronoun “he”—theadministrator informed Alex that if she used either the general women’s rooms or men’s rooms, chargeswould be pressed against her.Requiring Alex to use separate restrooms than those used by other students constitutes sexdiscrimination in violation of Title IX. First, it is
 per 
se sex discrimination because the differentialtreatment is based on her gender identity.
Macy v. Holder 
, 2012 WL 1435995, at *6 (E.E.O.C. Apr. 20,2012)
1
(“Title VII’s prohibition on sex discrimination proscribes gender discrimination, and not justdiscrimination on the basis of biological sex . . . .”).
2
It is further
 per se
sex discrimination because the
1
EEOC DOC 0120120821,
available at 
 http://www.eeoc.gov/decisions/0120120821%20Macy%20v%20DOJ%20ATF.txt.
2
“Courts have generally assessed Title IX discrimination claims under the same legal analysis as Title VIIclaims.”
Gossett v. Okla. Ex rel. Bd. of Regents for Langston Univ.
, 245 F.3d 1172, 1176 (10
th
Cir. 2001).

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