The first volley in a challenge to the University of Pittsburgh’s gendered facilities policy was resolved in the challengers’ favor last week, when the Pittsburgh Commission on Human Relations denied the University’s motion to dismiss a gender discrimination complaint filed by the Rainbow Alliance, a student group represented by the Women’s Law Project and Drexel University Professor David S. Cohen. As a result of this ruling, Rainbow Alliance’s case against the University will move forward.
Rainbow Alliance filed its discrimination complaint in April 2012, after University officials announced that students and faculty would be permitted to use only those bathrooms and other gender-specific campus facilities that correspond to the gender on the user’s birth certificate. This policy has had a particularly harsh impact on transgender students and faculty, as well as people whose gender expression does not conform to traditional gender roles.
Transgender people who don’t want to run afoul of this policy must travel with their birth certificate within easy reach and be prepared to produce it if challenged at the bathroom door. Moreover, changing the sex designation on one’s birth certificate can be a difficult, expensive and time-consuming process for transgender people; and in some jurisdictions, it is impossible. For anyone without a corrected birth certificate, the choices are grim: violate the policy and risk the consequences; go off campus to search for a restroom; or endure the humiliation and harassment involved with using a restroom reserved for the opposite gender.
To bar transgender people from bathroom facilities is to bar them from full participation in the University community. Congratulations to Rainbow Alliance for challenging this policy!
For more information about the Women’s Law Project in fighting against gender discrimination and LGBT rights, please visit our web site.