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Nouvèl

On April 6, 2023, the federal Department of Education proposed a regulation regarding the inclusion of transgender students in school sports under Title IX. Check out the resources below to learn more.

Here’s what to know (Download the PDF):

https://www.gladlaw.org/wp-content/uploads/2023/04/Title-IX-Rule-2023_What-to-Know.pdf

The Fact Sheet (Download the PDF):

https://www.gladlaw.org/wp-content/uploads/2023/04/Athletic-NPRM-FS-4.14.23-v1.pdf

Read GLAD’s statement on the proposed regulation.

Updated 4/14/2023

Nouvèl

Today the Department of Education issued a proposed regulation regarding the requirement for inclusion of transgender students in school sports under Title IX.

Jennifer Levi, Senior Director of Transgender and Queer Rights at GLBTQ Legal Advocates & Defenders, issued the following comment on the proposed rule:

We applaud the Department of Education for issuing a rule that affirms the importance of giving transgender students the chance to play sports. Being on a team helps students build healthy self-esteem, confidence, and positive self-image. The proposed rule prohibits the kind of categorical bans adopted in too many states that are hurting transgender students and that send a dangerous message to all students. It also allows schools to adopt reasonable policies for inclusion of transgender athletes that take into account differences between sports and across levels of competition. With this proposal the Department is recognizing the importance of fair and equal treatment for transgender student athletes.

Learn more about the proposed rule.

Nouvèl

Jodi a yon jij federal nan Texas te bay yon lòd nan Braidwood kont Becerra bloke yon egzijans ki la depi lontan anba Lwa sou Swen Abòdab la ki di tout sèvis swen sante prevantif yo dwe resevwa yon evalyasyon A oswa B nan men Gwoup Travay Sèvis Prevantif Etazini an, tankou yon medikaman ki diminye risk transmisyon VIH la prèske 100%, dwe kouvri pa plan asirans sante san pataj depans.

"Lòd laj ak danjere sa a pral gen enpak sou sèvis swen prevantif kritik ke plizyè milyon Ameriken konte sou yo, tankou depistaj kansè, depistaj ki gen rapò ak gwosès ak swen sante mantal prevantif," te di Ben Klein, Direktè Senior Litij ak Lwa VIH nan GLBTQ Legal Advocates & Defenders (GLAD). "Lòd jodi a nan Braidwood kont Becerra pral gen konsekans dirèk ak devastatè pou efò pou konbat epidemi VIH la. Nou gen yon terapi PrEP (Pwofilaksi Pre-Ekspozisyon) ki an sekirite epi ki apwouve, ki prèske 100% efikas pou anpeche transmisyon VIH la, men ki toujou pa byen itilize, sitou nan mitan kominote Nwa ak Latino yo. Mete fen nan egzijans pou konpayi asirans yo kouvri PrEP san okenn pataj depans pral ogmante nouvo dyagnostik VIH epi agrave disparite rasyal nan sante alòske sa nou bezwen se asire plis moun gen aksè a PrEP. Kopeman ak franchiz yo anpeche moun jwenn aksè a swen sante. Pa fè erè, nou pral wè plis transmisyon VIH kòm rezilta desizyon sa a.

Dapre chèchè nan Yale ak Harvard, mete fen nan entèdiksyon pataj depans pou PrEP a pral ogmante transmisyon VIH nan mitan gason ki fè sèks ak gason pa omwen 17% nan ... premye ane a pou kont li.

CDC a te rapòte an 2019 ke se sèlman 23% moun ki kalifye pou PrEP ki te resevwa yon preskripsyon pou li, epi se sèlman 8% moun Nwa ak 14% moun Latinx ki kalifye pou PrEP ki te resevwa li konpare ak 63% moun blan.

Eta yo dwe pran aksyon kounye a pou adrese danje flagran ki prezante pa desizyon jodi a nan Braidwood kont Becerra" Klein te ajoute k ap travay pou adopte yon lejislasyon pou kreye yon manda leta ki egzije konpayi asirans yo kouvri PrEP san okenn pataj depans. "Jodi a nan Massachusetts, se sèlman 9,113 nan 24,900 rezidan Massachusetts ki gen gwo risk pou yo pran VIH ki te resevwa yon preskripsyon PrEP. Nou dwe fè pi byen. Nou ankouraje lejislati a pou l adopte yon..." Lwa pou adrese baryè ki anpeche medikaman VIH sa pral ranje pwoblèm sa a pou Massachusetts.”

Aprann plis bagay sou PrEP.

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So far this year, nearly 500 bills targeting LGBTQ+ people have been introduced in states across the country – a dramatic increase over 2022 and 2021, which already set records.

The bills introduced – and some now passed – over the past few years follow the same aggressive template from state to state. Most of them target LGBTQ+ youth, ranging from forcing teachers to out transgender students before they are ready or banning any discussion of LGBTQ+ people and issues in schools, to banning transgender kids from playing on school sports teams with their friends and criminalizing doctors and parents for providing essential health care that can enable transgender youth to thrive.

Now we are also seeing this radical anti-LGBTQ+ agenda in Congress, where far-right politicians in the House have introduced two bills that, if passed, would have dire consequences for LGBTQ+ kids and their families across the country.

Contact your representatives in Congress today and tell them to say NO to these two harmful bills:

  • HR 734 would ban transgender and intersex youth from playing on school sports teams, taking away the important social and health benefits, and the opportunities to build skills like teamwork, cooperation, and leadership we know kids get from playing sports.
  • HR 5 would insert the federal government as a national school board, undermine local control, and hurt the ability of parents and teachers to support children. At a moment when we are already seeing dangerous moves toward school censorship and book bans, this unprecedented federal government interference would disrupt the public education system, undermine our communities, especially LGBTQ+ families and families of color, and cut LGBTQ+ youth off from accessing the resources and support they need to thrive.

These two federal bills – as harmful as they are – are just the tip of the iceberg of what we might see if we don’t stop them now. 

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As we’ve seen in the states, where bills targeting LGBTQ+ people have exploded—from schools to marriage equality to drag shows—some politicians are set on using false claims about LGBTQ+ people to stoke fears and score political points. Those false claims create a culture of hostility and fear have been shown to increase levels of depression and suicidality within LGBTQ+ youth.

The good news is that people on the side of inclusion, justice, and love understand that we are all in this together. We know that an attack on one is an attack on all. And when we work together, we can protect ourselves and each other.

The sheer volume of anti-LGBTQ+ bills introduced over the past three years is alarming and overwhelming.

But even in these times when it can feel like we are constantly on defense, we can take action to fight these attacks and secure critical legal rights for our community.

Contact your federal representatives today to urge them to vote no on HR 734 and HR 5, and then find out what is happening in your state epi how you can get involved.

While cynical far-right actors provoke anxiety and cause harm to the most vulnerable LGBTQ+ people, we have the power and the responsibility to work and encourage the country to live up to the promise of justice, love, and freedom for all of us.

Nouvèl

A new rule banning well-established, effective medical treatments for transgender youth with gender dysphoria takes effect in Florida today. As healthcare providers and researchers express alarm about the ban’s disregard for science and medicine, a group of Florida parents committed to protecting the health and wellbeing of their children, and who are deeply concerned about the ban’s impact, are preparing to challenge the rule in federal court.

“We know how essential it is for our daughter to get the medical care she needs, and this ban terrifies us,” said Jane Doe, mother of 11-year-old Susan Doe. “We have worked with our family doctors since our daughter was young to understand what she is experiencing and to carefully decide on the right path for her, which is to live as the girl she is. This ban bars us from getting her the treatment she needs when she hits puberty. Our daughter is a happy, confident child but denying her access to the medical care recommended by her doctors would completely disrupt her life. I’m devastated by what this will mean for her physical and mental health.”

The Does are a military family who moved to Florida when John Doe was stationed there as a Senior Officer in the U.S. Navy. That leaves the family in an extremely difficult position as moving out of state to seek the care that their daughter, Susan Doe, needs is not an option.

“We have no choice but to stay here and fight for our daughter,” said Jane Doe. “The military doctors have been nothing but supportive of our family, and our military insurance covers my daughter’s recommended care. But because of where we live, our family will now be treated differently than other military families who are doing the same job to serve our country in states without discriminatory bans like this one.”

“The cruel and unnecessary actions taken by the Florida Boards of Medicine harm transgender children in Florida and strip parents like myself of our right to ensure our children receive appropriate, evidence-based medical care,” said a second Florida mother who is joining the lawsuit on behalf of herself and her fourteen-year-old son. “My son was finally getting to a place where he felt hopeful, where being prescribed testosterone was on the horizon and he could see a future for himself in his own body, but that has been ripped away by this discriminatory rule. I am so worried about the impact that lack of access to medical treatment will have on my child. It is every parents’ worst nightmare to have to worry about the unthinkable.”

The policy taking effect today denies access to safe, effective and well-established treatments for youth who have received a diagnosis of gender dysphoria but who have not yet begun puberty delaying medication or hormone treatments. The ban was enacted at the direction of the Governor, Surgeon General Ladapo, and the Department of Health by way of a vote from the Boards of Medicine and Osteopathic Medicine. The ban and the process that led to it have been widely criticized by many respected physicians, medical associations and researchers, including over 300 health care providers in Florida who have experience treating youth with gender dysphoria. It contradicts guidelines established through years of clinical research and recommended by the American Academy of Pediatrics, the Endocrine Society, the American Academy of Child and Adolescent Psychiatry and the World Professional Association for Transgender Health.

“This policy came about through a political process with a predetermined conclusion, and it stands in direct contrast to the overwhelming weight of the evidence and science,” said Simone Chriss, Director of Transgender Rights Initiative, Southern Legal Counsel. “Gen yon nivo ipokrizi enkwayab lè yon eta ki prezante tèt li kòm yon eta ki vrèman sousi pou pwoteje 'dwa paran yo' retire paran yo dwa yo genyen pou asire pitit yo resevwa swen medikal apwopriye. Mwen te travay avèk fanmi yo ak founisè swen sante yo nan Florid pandan plizyè ane. Yo travay san pran souf chak jou pou asire pi bon rezilta sante pou pitit yo ak pasyan yo, epi yo enkyete anpil pou enpak devastatè entèdiksyon sa a pral genyen.”

The parent plaintiffs and their children are represented by Southern Legal Counsel, GLBTQ Legal Advocates & Defenders, the National Center for Lesbian Rights, and the Human Rights Campaign. They are preparing to file a lawsuit challenging the ban in federal court.

“The Florida Boards of Medicine chose to ignore the evidence and science in front of them and instead put families in the unthinkable position of not being able to provide essential healthcare for their kids,” said Jennifer Levi, Senior Director of Transgender and Queer Rights, GLBTQ Legal Advocates & Defenders.

“Parents, not the government, should make healthcare decisions for their children,” said Shannon Minter, Legal Director of the National Center for Lesbian Rights. "Règleman sa a travèse yon liy danjere e li ta dwe konsène nenpòt moun ki gen sousi pou vi prive fanmi yo oswa kapasite doktè yo pou fè travay yo san entèferans gouvènman an san nesesite."

“It’s alarming to see such a concerted, top-down effort to target a small and vulnerable population,” said Sarah Warbelow, Human Rights Campaign Legal Director. "Chirijyen Jeneral Florid la, Depatman Sante a ak Konsèy Medsin yo ta dwe konsantre sou pwoblèm sante piblik reyèl ak grav Florid ap fè fas a, pa sou mete timoun transganr yo ak fanmi yo an danje."

MIZAJOU:

On March 23, 2023, four Florida families filed a lawsuit in federal court challenging the Boards of Medicine and Osteopathic Medicine’s new rules banning the medically necessary healthcare their transgender children need. Aprann plis.

Youth Parents | National Resources

Is Your Child’s School Safe and Affirming for LGBTQ Students?

This information applies to public schools and in some cases private schools that receive federal funding. If you have questions about your child’s rights in private school, contact us. Many students and families wait too long to get help. Don’t wait. Advocate for your student’s rights today.

Schools have an obligation to keep students safe

  • Every New England state has an anti-bullying law. Find information about your state’s law isit la.
  • Comments like “That’s so gay!” and anti-LGBTQ slurs are harassment. If it’s mean, teachers should intervene.
  • Teachers and administrators should have a plan to address bullying, including cyberbullying.
  • See the page on Bullying for suggestions for reporting bullying and getting help if your school does not respond.
  • Don’t wait: contact us at Repons GLAD if you need help.

Gay-Straight Alliances/LGBTQ Clubs

  • The presence of a GSA or other LGBTQ club can make LGBTQ students feel safer.
  • Your child’s school should allow GSAs to form on the same basis as any other club.
  • GSAs/LGBTQ clubs are allowed to choose their own names, and shouldn’t be forced into euphemisms like “The Diversity Club.”
  • If you need help getting your child’s school to respond to a request to start a GSA/LGBTQ club, contact us at Repons GLAD.

First Amendment/Expression

  • LGBTQ students should be able to freely discuss their identities, including dating and romantic interests, on the same terms as other student.  Also, students should feel free to engage in displays of affection on the same terms as other students.
  • Your child should be able to access positive LGBTQ websites at school if Internet access is allowed. But school filters often block these sites improperly. You can check your school’s Internet filters using our checklist.
  • Students should be able to dress in a way that fits their gender identity.
  • At Prom or other school dances, LGBTQ students should be able to:
    • Attend on the same basis as other students
    • Dress according to their gender identity
    • Bring a date of their choosing on the same terms as other students, regardless of gender

Non-discrimination

  • Gender identity and sexual orientation should be included in your child’s school’s non-discrimination policy.
  • Positive information about LGBTQ people and issues should be included in the curriculum and available in the library.
  • Health and sexual education classes should offer information that is inclusive of all sexual orientations and gender identities.
  • School nurses should be trained to work with LGBTQ youth.

Transgender/Gender Non-Conforming Students

Check to see if your school has the following policies. Specific guidance has been established in Konèktikèt epi Masachousèt for the safe and respectful treatment of transgender students. If you live in another state, you can still ask your school to read this guidance in considering their policies.

  • Does your child’s school have a policy for ensuring that transgender students are referred to by their preferred names and pronouns?
  • Does your school have a policy for ensuring the confidentiality of school and medical records?
  • Are students able to dress in a way that fits their gender identity?
  • Are transgender students able to use bathrooms and locker rooms that correspond to their gender identity?
  • Does your child’s school avoid gender-differentiated graduation gowns?
  • Are transgender students able to participate in extracurricular activities – including athletics – according to their gender identity?

Beyond the basics…

  • Does the school cultivate a safe and affirming enviornment for all students?
  • Is the procedure for reporting bullying clear?
  • Does the anti-bullying policy list categories including sexual orientation and gender identity?
  • Does your child’s school participate in the Day of Silence?
  • Is positive information about LGBTQ people and issues included in the curriculum and available in the library?

Enfòmasyon Siplemantè

This information covers your child’s rights in school. You may also want to see:

Youth Schools | National Resources

Know Your Rights at School

The information on this page is not legal advice. Some information on this page may be out-of-date and is currently undergoing revisions. Please contact Repons GLAD with questions or for updated information.

If you have questions about the impact of recent court and executive actions on your rights under Title IX, visit our Title IX Know Your Rights page pou aprann plis.

This information applies to public schools and in some cases private schools that receive federal funding. If you have questions about your rights in private school, contact us.

Self Expression

  • You have a right to be referred to by your preferred name and pronouns.
  • You have a right to dress and express yourself in a manner consistent with your gender identity.
  • You have a right to free speech and expression. This includes the right to respectfully express opinions or ideas which may offend others – including discussion of LGBTQ topics – and to disagree with others. Remember that others also have the right to respectfully express their own ideas and opinions.

Prom and Other Dances

  • Your school cannot stop you from taking a date of the same sex or gender to your prom or school dance, as long as your choice of date meets the rules applied to all students.
  • Your school cannot treat dates of the same sex or gender differently, including by requiring only same-sex dates to have parental permission.

Learning

You have a right to access information about LGBTQ subjects, including educational websites. Your school’s internet filters should not prevent this access.

Sports

Prohibitions on discrimination apply to all school programs, including sports.

School Records

  • You have a right to have your school and medical records kept confidential.
  • You can ask your school(s) to amend their records – even after graduation – to reflect your current name and gender identity.

Guidance for Schools

Connecticut and Massachusetts have issued specific guidance for how schools should follow gender identity non-discrimination laws:

Youth Teachers | National Resources

Is Your School Meeting Its Legal Obligations?

This information applies to public schools and in some cases private schools that receive federal funding, throughout New England. Download our checklist for schools for more information, and contact us if you have questions.

Bullying

  • Does your anti-bullying policy enumerate categories including gender identity and sexual orientation?
  • Is the procedure for reporting bullying clear to students?
  • Every New England state has an anti-bullying law. Find information about your state’s law isit la.
  • Do school administrators provide leadership on how to address anti-LGBTQ bullying, such as telling teachers how to respond to comments like “That’s so gay” or anti-LGBTQ slurs?
    • All school employees should report bullying if they see it or know it is happening.
    • If you are not certain whether something is bullying, keep in mind that if it is mean, you should intervene.
  • Does your school respond effectively to reports of bullying behavior?
  • Do you have a plan in place for addressing off-campus conduct that interferes with a student’s education, including cyberbullying?

Gay-Straight Alliances (GSAs)/LGBTQ Clubs

  • Does your school have a Gay-Straight Alliance (GSA) or other LGBTQ club?
    • The Federal Equal Access Act says that schools must allow GSAs or other LGBTQ clubs to form and operate on the same basis as other extra-curricular clubs.
  • If you are a GSA/LGBTQ club advisor, are you treated equally to other club advisors?
  • Does your school apply the same rules to the GSA/LGBTQ club as to other clubs?
  • Tip: You must permit the GSA/LGBTQ club to advertise events in the same ways available to other clubs.

First Amendment/Expression

  • Are LGBTQ students free to discuss their identities, including dating and romantic interests, on the same terms as other students?
  • Are LGBTQ students free to engage in displays of affection on the same terms as other students?
  • Prom/Dances:
    • Can LGBTQ students attend school dances on the same basis as other students?
    • Can they dress according to their gender identity?
    • Can they bring a date of their choosing on the same terms as other students, regardless of gender?
  • Teachers’ Speech Rights
  • At school, students have greater speech rights than teachers because students attend school as private citizens. So if an issue needs to be raised, it could be better for a student to raise it. A teacher in the classroom or at work can be seen to speak for the district when he or she teaches, so the district has an interest in determining the content of the message delivered (there are limits on districts, however). The boundaries of this area of law are not precise and you should seek legal help if you feel your school might be infringing your speech. When a teacher is acting as a private citizen, he or she has all the free speech rights of every other United States citizen.
  • Have you verified that your school’s internet filtering program does not filter positive LGBTQ sites?

Transgender/Gender Non-Conforming Students

Check to see if your school has the following policies. Specific guidance has been established in Konèktikèt epi Masachousèt for the safe and respectful treatment of transgender students. If you live in another state, you can still ask your school to read this guidance in considering their policies.

  • Do you have a policy for ensuring that transgender students are referred to by their preferred name and pronoun?
  • Do you have a policy for ensuring the confidentiality of school and medical records?
  • Are students able to dress in a way that fits their gender identity?
  • Are transgender students able to use bathrooms and locker rooms that correspond to their gender identity?
  • Does your school avoid gender-differentiated graduation gowns?
    • Tip: gender-differentiated gowns can be distressing for transgender students; consider using one color robe for all students.
  • Are transgender students able to participate in extracurricular activities – including athletics – according to their gender identity?

Non-discrimination

  • Does your non-discrimination policy include gender identity and sexual orientation?
  • Is positive information about LGBTQ subjects and people available in the library and included in school curriculum where appropriate?  Does your health and sexual education curriculum offer information that is inclusive of all sexual orientations and gender identities?
  • It is not permissable for any public school in New England to discriminate against staff on the basis of sexual orientation.
  • It is not permissable for any public school in Connecticut, Maine, Massachusetts, Rhode Island or Vermont to discriminate against staff on the basis of gender identity. Federal law also prohibits discrimination based on sex or HIV status, and in many cases, protection against sex discrimination can protect against discrimination based on gender identity or expression.
  • The law also prohibits retaliation against someone who reports discrimination.
  • Are your nurses trained to work with LGBTQ youth?
  • Are your forms up-to-date and inclusive?

Beyond the Basics: How Welcoming is Your School?

  • Do you cultivate a safe and affirming enviornment for all students?
  • Does your school participate in the annual Day of Silence?

Youth | Justice | National Resources

Safety and Non-Discrimination

  • All participants in the juvenile justice system should treat you without discrimination based on your sexual orientation, gender identity and HIV status. This includes the prosecutor, your attorney, the probation department and the agency serving youth in state custody.

This means

  • You have the right to safe and appropriate placements free from discrimination or harassment based on your actual or perceived sexual orientation or gender identity or expression.
  • If you have an attorney, your attorney should be educated on representing LGBTQ youth.
  • You have the right to be open about your sexual orientation and gender identity or expression.
  • You have the right to be identified by your chosen name and pronouns and to wear clothing consistent with your gender identity.
  • You are entitled to protection from physical, emotional or sexual abuse by other youth or facility staff.
  • A facility’s response to harassment or violence against you cannot be to move you to a more restrictive facility or to isolate you.
  • You cannot be segregated or classified as a sex offender based on myths that LGBTQ youth prey on other youth.

Equal Treatment and Services

  • You have the right to equal treatment and to access appropriate services while in the juvenile justice system.

This means

  • You must have access to appropriate medical or mental health care, both for general services and for any medical services that may be unique to you as an LGBTQ youth.
  • Medical care should not be conditioned on good behavior or withheld as a punishment.
  • You should not be forced to undergo improper or disreputable services damaging to your well-being, such as reparative or conversion therapy.
  • You may not be disciplined for engaging in age-appropriate romantic or sexual conduct that would not be punished between two different-sex youth.
  • You have the right to be free from religious indoctrination by facility staff that condemns or disparages your sexual orientation or gender identity or expression.

Youth Gender Identity | National Resources

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You have a right to be safe at school.

  • If you experience harassment or bullying by other students, teachers or school staff, you can get help to get it to stop.
  • See the page on Bullying pou plis enfòmasyon.

You have a right to be free from discrimination. If you go to public school:

  • Laws in Connecticut, Maine, Massachusetts, Rhode Island and Vermont specifically protect you from discrimination or harassment based on your actual or perceived gender identity.
  • You have a right to dress and express yourself in a manner consistent with your gender identity.
  • You have a right to be referred to by your preferred name and pronouns.
  • You have a right to have your school and medical records kept confidential.
  • Federal law also protects you from discrimination based on your sex at any school that receives federal funding, no matter where you live. And in many cases, protection against sex discrimination can protect you against discrimination based on gender identity or expression.Contact us if you have questions about your rights in private school.

Outside School

  • Laws in Connecticut, Maine, Massachusetts, Rhode Island and Vermont specifically protect you from discrimination based on your actual or perceived gender identity in employment, housing, credit and public accommodations, like restaurants, public transportation or stores.
    • Note: even where there is no explicit gender identity protection, you may be able to bring sex, sexual orientation or disability discrimination claims. Federal law sometimes provides additional protections.
    • La U.S. Equal Employment Opportunity Commission has issued an official ruling that discrimination against transgender employees is a form of sex discrimination.
  • Never assume you are NOT protected. Contact us if you have any questions or if you need help.

In Foster Care or Group Homes

  • You have the right to safe and appropriate placements, and to be free from discrimination or harassment based on your actual or perceived gender identity or expression.
  • You have the right to equal treatment and to access appropriate services while in the child welfare system.
  • Read more about your rights in Foster Care.

In the Juvenile Justice System

  • You have the right to safe and appropriate placements free from discrimination or harassment based on your actual or perceived gender identity or expression.
  • You have the right to equal treatment and to access appropriate services while in the juvenile justice system.
  • Read more about your rights in the Juvenile Justice System.

Homeless Shelter Access

If you are transgender and accessing shelter services, GLAD believes you have the right to:

  • Access shelter services free of discrimination and harassment.
  • Access restrooms, showers, dormitories, and other facilities consistent with your gender identity.
  • Use and be referred to by names and pronouns consistent with your gender identity.
  • Express yourself by wearing gender affirming clothing.
  • Keep your transgender status and medical history private.
  • Request accommodations for your safety and privacy.

Get more information on the Transgender Shelter Access Project, and kontakte GLAD Repons if you feel you are not being treated with respect and dignity.

htKreyòl Ayisyen
Apèsi sou Konfidansyalite

Sitwèb sa a itilize bonbon pou nou ka ba ou pi bon eksperyans itilizatè posib. Enfòmasyon bonbon yo estoke nan navigatè w la epi yo fè fonksyon tankou rekonèt ou lè ou retounen sou sitwèb nou an epi ede ekip nou an konprann ki seksyon nan sitwèb la ou jwenn ki pi enteresan ak itil.