Assessing the Impact of Gender Identity Nondiscrimination Policies

Abstract

The United States prohibits discrimination on the basis of sex in education via federal law. Case law in the United States also applies the prohibition of sex discrimination to incidents that were motivated by a person’s sex or gender, including gender identity and expression. Enumerated nondiscrimination, school-based policies that include gender identity and expression are among the foundational policies advocated for by researchers and practitioners that aim to make schools safer for transgender and gender nonconforming students. These policies serve as a foundation for all other interventions or policies that may be implemented in a school to increase safety for transgender and gender nonconforming students. Further, enumerated nondiscrimination policies provide students with a clear understanding of their rights at school, and they provide school personnel with grounding to prevent and intervene in gender-based discrimination. Research has found that transgender and gender nonconforming students experience high levels of stigma (e.g., manifested as discrimination, stigma-based bullying) in schools, and that these school-based experiences are associated with compromised educational outcomes in addition to disparities in behavioral, physical, and psychological health. Students in schools that have enumerated nondiscrimination policies report less bias stigma-based bullying attributed to gender identity and expression compared to students in schools with non-enumerated policies. Further, students are more likely to report that teachers intervene in stigma-based bullying attributed to gender identity and expression in schools that have enumerated nondiscrimination policies compared to those that do not. Finally, studies have found that nondiscrimination policies that include gender identity and expression attenuate the negative consequences of stigma for students.