Federal Appeals Court Says Title IX Bans Discrimination in School Dress Codes
The Court Said North Carolina Public Charter Schools May Operate Outside Constitutional Bounds but Are Subject to Title IX, the Landmark Sex Discrimination Law
RICHMOND, Va. — A federal appeals court ruled today that Title IX, the federal law banning sex discrimination in schools, prohibits discriminatory dress codes in a case involving a K-8 public charter school that requires girls to wear skirts as a condition of attending school. The appeals court sent the case back to the trial court to decide if the skirts requirement in fact violates the law. At the same time, the court found that North Carolina public charter schools aren’t required to comply with the Constitution. The American Civil Liberties Union, the ACLU of North Carolina, and the law firm of Ellis & Winters LLP originally filed a challenge to the skirts requirement on behalf of three North Carolina students.
The skirts requirement was intended to promote “traditional” gender roles at school. The students, who were in kindergarten, fourth, and eighth grades when the case was filed, argued that the skirts requirement sent a message that they were different and less than boys, and that it restricted their movement and distracted them from learning.
“I wanted my daughter and all the other girls at her school to know that they can learn, move, and play on equal terms as the boys in school,” said Bonnie Peltier, the mother of a former Charter Day School student who was a client in the case. “I’m relieved that a federal court of appeals recognized that forcing girls to wear skirts or miss classroom instruction time can be a form of sex discrimination.”
Dress codes have historically been used to police girls in schools, disproportionately targeting girls of color, gender –non-conforming girls, and trans girls, among others. Dress codes that enforce different rules for boys and girls can further harm transgender, non-binary, or gender non-conforming students by reinforcing binary sex categories.
“We’re pleased that today’s decision recognizes that Title IX’s broad promise of equal opportunity for girls applies to discriminatory dress codes,” said Galen Sherwin, senior staff attorney with the ACLU Women's Rights Project. “Dress codes that enforce different rules based on old-fashioned conventions of how girls should dress, look, and behave while intentionally signaling that girls are not equal to boys perpetuate gender stereotypes and should have no place in our public schools. But we are disappointed that the court placed North Carolina public charter schools beyond the constitutional guarantee of equal protection under law for all students. We will continue to fight for our clients and girls like them across the country.”
“Uniform policies that prohibit girls from wearing pants to school not only infringe on girls' right to learn, but are also a transparent tool to control girls' bodies and disproportionately harm LGBTQ+ and Black and Brown students,” said Irena Como, senior staff attorney at the ACLU of North Carolina.
“No, this is not 1821 or 1921. It’s 2021,” Circuit Judge Barbara Milano Keenan said in an opinion dissenting from the conclusion that public charter schools may operate outside constitutional bounds. “Women serve in combat units of our armed forces. Women walk in space and contribute their talents at the International Space Station. Women serve on our country’s Supreme Court, in Congress, and, today, a woman is vice president of the United States. Yet, girls in certain public schools in North Carolina are required to wear skirts to comply with the outmoded and illogical viewpoint that courteous behavior on the part of both sexes cannot be achieved unless girls wear clothing that reinforces sex stereotypes and signals that girls are not as capable and resilient as boys.”
Women's Rights
Peltier v. Charter Day School
Women's Rights
Peltier v. Charter Day School
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Press ReleaseOct 2024
LGBTQ Rights
+2 Issues
At Supreme Court, Tennessee Seeks to Expand Reach of Dobbs to Ban Health Care for Transgender YouthAt Supreme Court, Tennessee Seeks to Expand Reach of Dobbs to Ban Health Care for Transgender Youth
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Press ReleaseSep 2024
Women's Rights
Civil Rights Groups Tell Federal Appeals Court that Protections for Pregnant Workers Cover Abortion CareCivil Rights Groups Tell Federal Appeals Court that Protections for Pregnant Workers Cover Abortion Care
WASHINGTON, D.C. - On Friday, a broad coalition of labor, workers’ rights, and gender justice organizations — led by the American Civil Liberties Union (ACLU), the ACLU of Arkansas, and the National Women’s Law Center (NWLC) — filed an amicus brief in the U.S. Court of Appeals for the Eighth Circuit in support of the Equal Employment Opportunity Commission’s (EEOC) regulations implementing the landmark Pregnant Workers Fairness Act (PWFA), including the regulations’ explicit protection for workers who have abortions. The PWFA, which took effect last year, was the culmination of a decade-long campaign to secure access to reasonable accommodations for workers with temporary limitations caused by “pregnancy, childbirth, and related medical conditions.” The EEOC’s regulations provide comprehensive guidance to workers, employers, and the courts about the statute’s range of protections, including job-protected time off for medical treatment and recovery. The amicus brief filed in the U.S. Court of Appeals for the Eighth Circuit supports the EEOC in a challenge by 17 red states that are trying to block the PWFA regulations’ coverage of accommodations for abortion-related care. In June, the U.S. District Court for the Eastern District of Arkansas dismissed the states’ challenge, and the states appealed to the Eighth Circuit. Their appeal includes a request that the Eighth Circuit issue a preliminary injunction of the regulations’ abortion provisions. The ACLU-NWLC brief details the federal law’s longstanding ban on discrimination against workers who obtain abortions – protection the PWFA intended to continue. The brief also documents the accounts of workers whose health and jobs were put at risk when their employers denied them accommodations, including time off, for abortion care. Such accounts illustrate the urgent need for clarity with respect to the PWFA’s coverage of abortion-related accommodations, and the devastating medical and financial consequences if such accommodations are denied. “Abortion has long been recognized as part of the full spectrum of workers’ pregnancy-related needs that are protected by the law, ” said Gillian Thomas, senior staff attorney at the ACLU’s Women's Rights Project. “The states’ challenge has created uncertainty, and seeks to deprive workers of essential, job-protected time off for abortion care, posing significant health risks and leading to forced pregnancies. The EEOC regulations are vital to ensure pregnant workers don't have to choose between their health and their jobs.” “Extremist politicians are demonstrating repeatedly their willingness to risk women’s health to advance their anti-abortion agenda,” said Gaylynn Burroughs, vice president for Education and Workplace Justice at the National Women’s Law Center (NWLC). “Let’s be clear: abortion care is pregnancy-related care, and stripping essential protections for abortion from the PWFA would endanger the health and economic security of pregnant workers.” “The Pregnant Workers Fairness Act and its regulations provide a lifeline for workers who need accommodations during the most critical periods of their lives. Attempting to strip away these protections, particularly for abortion-related needs, is an affront to the rights and well-being of pregnant workers,” said John Williams, legal director of the ACLU of Arkansas. “All people in all aspects of pregnancy, including abortion, should be treated with the care and consideration they deserve. We stand firmly with the EEOC in defending these essential protections.” A copy of the brief can be found here. -
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ACLU Condemns House Measure Against Department of Education Title IX RuleACLU Condemns House Measure Against Department of Education Title IX Rule
WASHINGTON – Today, the U.S. House of Representatives voted to pass H.J. Res. 165, a Congressional Review Act resolution disapproving of the U.S. Department of Education’s final Title IX rule providing guidance to schools on protecting students from sexual harassment, pregnancy discrimination, anti-LGBTQ discrimination, and other forms of sex discrimination. Mike Zamore, ACLU National Policy and Government Affairs Director, had the following response: “Today’s vote to completely repeal the Title IX rule takes a sledgehammer to the government’s ability to ensure that all students have the opportunity to learn free from sex discrimination and harassment. Stripping critical civil rights protections from LGBTQ students and students who are pregnant and parenting - as this resolution would do - is something that all members of Congress should strongly oppose. This is also not how Congress should act to protect the rights of students who face disciplinary action under Title IX because passing this resolution would prevent future rulemaking to ensure fair processes in school disciplinary proceedings.” The ACLU’s letter urging a “No” vote on H.J. Res. 165 can be found here: /documents/aclu-urges-no-vote-on-h-j-res-165 The ACLU’s statement on the final Title IX rule can be found here: /press-releases/155090