NACUANOTES

Excerpt from NACUANOTE released on June 2, 2005


TOPIC:

GENDER IDENTITY AND EXPRESSION ISSUES AT COLLEGES AND UNIVERSITIES
 

INTRODUCTION:
The term, "transgender," refers to a person whose "gender identity or gender presentation falls outside of stereotypical gender norms.[1]"   As a result of their gender identity or expression [2], transgendered persons may face varying degrees of discrimination in employment and other environments. For many years, federal and state courts routinely held that sex discrimination laws did not protect transgendered persons. More recently, some courts have recognized employment discrimination claims where the purported adverse action took place as a result of sexual stereotyping connected with a person's gender identity or expression. Some colleges and universities [3] also have been addressing gender identity and expression issues through voluntarily adopted policies. This NACUANOTE discusses these recent developments, identifies issues likely to arise on campus in the employment and student affairs contexts, and provides practical tips and resources for counsel who wish to advise clients regarding this evolving area of law.