The withdrawal announcement addresses a narrow slice of federal law, but does not have an impact on state law. The announcement reinforces the administration’s view of the primacy of state and local laws governing education: “[T]he Departments believe that, in this context, there must be due regard for the primary role of the States and local school districts in establishing educational policy.”
Oregon and Washington laws broadly protect gender identity in the employment and the educational contexts. In Oregon, ORS Chapter 659A states a public policy against discrimination on the basis of sexual orientation and OAR 839-005-003 defines sexual orientation to include gender identity. In Washington, RCW 49.60 does the same, and also includes gender expression as sexual orientation. OSHA, OrOSHA and WISHA address the need to provide reasonable bathroom access during employment, with varying levels of detail. Washington also adopted a transgender bathroom and locker room policy through Human Rights Commission regulations at the end of 2015 (which you can find at WAC 162-32-060). There are also state laws and guidelines specific to educators, including the Oregon Department of Education’s May 2016 Guidance to School Districts and Washington’s RCW Chapter 28A and WAC Chapter 392-400. If you are in a state other than Oregon or Washington, please check your state laws or give us a call for further guidance.
Electronic Alerts are written by Barran Liebman attorneys for their clients and friends. Alerts are not intended as legal advice, but as employment law, labor law, and employee benefits announcements. If this has been forwarded to you, and you would like to begin receiving Electronic Alerts directly, please email or call Traci Ray at 503-276-2115. Copyright ©2018 by Barran Liebman LLP.
Las Alertas electrónicas son escritas por abogados de Barran Liebman para sus clientes y amigos. Las Alertas no son proveídas como asesoramiento legal, sino solo como anuncios de leyes de empleo, leyes laborales y beneficios de empleo. Si esto ha sido remetido a usted y quisieras empezar a recibir las Alertas directamente, por favor mándanos un correo electrónico o llama a Traci Ray al 503-276-2115. Derechos de autor ©2018 por Barran Liebman LLP.