June 12, 2017 Practice Points

Seventh Circuit Rules Against School District in Transgender Discrimination Case

The Seventh Circuit has affirmed a preliminary injunction enjoining a school district from preventing a transgender boy to use the men’s room at his high school.

By Sanford Hausler

The Seventh Circuit has affirmed a preliminary injunction enjoining a school district from preventing a transgender boy to use the men’s room at his high school. The school district had argued that the student was unlikely to succeed on the merits because transgender status is neither a protected class under Title IX of the Educational Amendments Act of 1972 nor is it entitled to heightened scrutiny. The Seventh Circuit disagreed that the plaintiff was unlikely to succeed on the merits. The court noted that other courts, including the Tenth Circuit and some district courts, have taken the opposite view on this issue.

Sanford Hausler is of counsel with Cox Padmore Skolnik & Shakarchy LLP in New York, New York.


Copyright © 2017, American Bar Association. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. The views expressed in this article are those of the author(s) and do not necessarily reflect the positions or policies of the American Bar Association, the Section of Litigation, this committee, or the employer(s) of the author(s).