National/Federal Know Your Rights - Page 13 of 57 - GLAD Law
Skip Header to Content
GLAD Logo Skip Primary Navigation to Content

Search

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 here.
  • 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 GLAD Answers 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 GLAD Answers.

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 Connecticut and Massachusetts 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?

Additional Information

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 GLAD Answers 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 to learn more.

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 here.
  • 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 Connecticut and Massachusetts 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

YouTube video

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 for more information.

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.
    • The 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 contact GLAD Answers if you feel you are not being treated with respect and dignity.

Youth | GSAs/LGBTQ+ clubs | National Resources

GSAs and LGBTQ+ clubs can make middle school and high school better for all students.

If you run into issues starting or running a GSA or LGBTQ+ club at your New England school, contact us at www.GLADAnswers.org

YouTube video

If you attend a public school or a school that receives any federal funding – which includes many private schools – and if your school allows any non-curricular clubs (a club not associated with a subject taught at your school), you have the right to start a Gay-Straight Alliance (GSA) or other LGBTQ+ club.

Your school cannot prohibit your club just because they fear it may be disruptive

Thanks to a law called the Federal Equal Access Act, your school must allow you to form a club with the same rights, privileges and access as any other non-curricular club.

Your school cannot impose rules on your club that aren’t imposed on any other club

For instance, your school cannot force you to have a faculty advisor or permission slips if no other club is required to have one

Your school cannot force you to change the name of your club

GSAs/LGBTQ clubs are allowed to choose their own names, and shouldn’t be forced into euphemisms like “The Diversity Club.”

  • Diversity Club
  • Tolerance Club
  • Gay-Straight Alliance ✔
  • Queer Club ✔

Your school must allow your club access to the same facilities as any other club, like:

  • Announcements on the PA
  • Information in the school newspaper
  • Posting flyers on bulletin boards

Youth | HIV/AIDS | National Resources

Because testing, consent and privacy laws vary greatly by state, you should check out our information for your state for the most accurate information.

Discrimination

  • Federal law protects you from discrimination based on your HIV status in many settings, including work and school.
  • This means, for example, you cannot be barred from participation in school events, including sports, due to fears about transmission of HIV.

Access to Health Care

Healthcare providers cannot refuse to treat you because of your HIV status.

Testing and Privacy

  • You have a right to decide whether to be tested for HIV, and to know your status.
  • In all six New England states, you have the right to be tested for HIV without obtaining your parent’s permission.
  • Every New England state has a law governing what kind of consent you need to give for an HIV test.
  • Every New England state has a law governing if, when and with what required authorization a medical provider may disclose your HIV status.

Youth | Discrimination | National Resources


Never assume you are NOT protected. Contact us at GLAD Answers for help!

At School

  • Laws in Connecticut, Maine, Massachusetts, Rhode Island and Vermont explicitly protect you from discrimination or harassment in public school based on your actual or perceived sexual orientation, gender identity, sex or HIV status.
  • Federal law also protects you from discrimination based on your sex or HIV status at any school that receives federal funding no matter where you live. And in many cases, protection against sex discrimination can protect against discrimination based on gender identity or expression and sometimes against sexual orientation discrimination.
  • Remember that no matter where you go to school, you have a right to be safe. Visit Bullying, and contact GLAD Answers if you are experiencing any discrimination, bullying or harassment.

Outside School

  • In all six New England states there are explicit laws protecting you from discrimination based on your actual or perceived sexual orientation, HIV status or sex in employment, housing, credit and public accommodations, like restaurants, public transportation or stores.
  • Connecticut, Maine, Rhode Island and Vermont law also prohibit discrimination based on your actual or perceived gender identity in employment, housing, credit and public accommodations. Massachusetts law prohibits discrimination based on your actual or perceived gender identity in employment, housing, credit and services.
  • Even where there is no explicit gender identity protection, you may still be protected using a different characteristic like sex, sexual orientation or disability.
  • Federal law sometimes provides additional protections.

Youth Employment | National Resources

For information about employment non-discrimination laws in states outside New England, visit www.lgbtmap.org

Across New England, it is explicitly prohibited by law for someone to fire you, not hire you or otherwise treat you in a discriminatory way, including asking you questions about your sexual orientation during an interview because of your actual or perceived sexual orientation or HIV status.

In Connecticut, Maine, Massachusetts, Rhode Island and Vermont, it is also explicitly prohibited by law for someone to fire you, not hire you or otherwise treat you in a discriminatory way at work based on your actual or perceived gender identity or expression.

In New Hampshire, there is not (yet) a gender identity-specific law, but some transgender workers have been successfully protected against discrimination under disability as the protected characteristic.

How Employment Protections Work

  • Most workers are “employees at will” and can be fired, or not hired, by an employer for nearly any reason, or no reason at all.
  • However, the federal government and individual states have identified “protected characteristics” and made it illegal to fire, not hire or discriminate against an employee solely because they possess – or are perceived to possess – one or more of those characteristics.
Federal Law
  • Federal law protects characteristics such as race, sex, religion and disability, which includes HIV status (for a full list of federally-protected characteristics, see the U.S. Equal Employment Opportunity Commission).
  • While federal law currently does not explicitly protect sexual orientation or gender identity, some federal courts and agencies have found that sex discrimination protections cover discrimination based on gender identity and sexual orientation.
    • The EEOC has issued an official ruling that discrimination against transgender employees is a form of sex discrimination.
  • There are also continuing efforts to pass laws at the federal level that would add sexual orientation and gender identity and expression as protected categories under federal law.
State Law
  • Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont and 15 other states currently include sexual orientation among protected characteristics.
  • Connecticut, Maine, Massachusetts, Rhode Island, Vermont and 11 other states also include gender identity.

What to Do If You Experience Discrimination

  • If you feel you have been discriminated against at work or when applying for a job because you are or are perceived to be LGBTQ or HIV positive, you should start by trying to work out a satisfactory resolution with the employer. If you belong to a union, you may also want to try to get help from them.
  • If your attempt to resolve the issue informally fails, you can file a complaint with your state’s anti-discrimination commission—each New England state has one:
  • Your complaint must be filed within a certain time from the last instance of discrimination. This is called the statute of limitations, and it varies by state:
  • Connecticut: 180 days
  • Maine: 300 days
  • Massachusetts: 300 days
  • New Hampshire: 180 days
  • Rhode Island: 1 year
  • Vermont: 1 year
  • You need to document in your complaint that the discrimination you faced is based on your being – or being perceived to be – LGBTQ or HIV+.
  • Employment discrimination can be difficult to prove, so the more complete and detailed your documentation, the better.

Filing a Federal Complaint

  • If you experience discrimination based on your gender identity, you can file a complaint with the EEOC, as well as with your state anti-discrimination commission.
  • Because disability is a federally protected characteristic, if you have been discriminated against on the basis of your HIV status, you can file both a state and federal discrimination complaint.
  • See the EEOC website for more information about filing a federal claim.

Youth Foster Care | National Resources

Safety and Non-Discrimination

  • 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.

This means you have the right:

  • To be open about your sexual orientation and gender identity and expression.
  • To be identified by your chosen name and pronouns and to wear clothing consistent with your gender identity.
  • To be free from harassment and abuse based on your actual or perceived sexual orientation or gender identity or expression in foster care placements or state custody. This includes:
    • Protection from both physical and emotional harm in placements; and
    • Placement with caretakers who will ensure your safety and well-being both inside and outside the home.
  • To be free from religious indoctrination that condemns or disparages your sexual orientation, gender identity or gender expression.

Equal Treatment and Services

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

This means:

  • You must have access to appropriate medical or mental health care.
  • 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 should be treated equally to heterosexual and gender conforming youth, including with regard to age appropriate displays of affection.
  • You should have access to supportive materials and resources.
  • You are entitled to protection from physical, emotional or sexual abuse by other youth or facility staff.
  • You cannot be moved to a more restrictive facility or isolated as a response to harassment or violence against you.
  • You cannot be segregated or classified as a sex offender based on myths that LGBTQ youth will prey on other youth.
en_USEnglish
es_MXEspañol de México en_USEnglish
Powered by  GDPR Cookie Compliance
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognizing you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.

To learn more, visit our privacy policy.