Lambda Legal Urges New York Court to Reject Challenge to Human Rights Law

(New York, September 9, 2008) — In an amicus ("friend of the court") brief submitted to the Appellate Division, Second Department, of the New York State Supreme Court today, Lambda Legal urged the court to reject a school district's claim that the New York Human Rights Law (NYHRL) does not protect public school students from discrimination.

Though the case at hand does not involve antigay discrimination or harassment of gay students, the school's legal strategy would, if effective, wipe out a vital protection for lesbian, gay, bisexual and transgender students, which led to Lambda Legal's involvement in the matter. The NYHRL is the only law that expressly addresses harassment based on sexual orientation in New York schools.

"This public school district, entrusted with the well-being of the state's young people, is trying to shirk a law that's particularly vital to protect LGBT students against discrimination," said Michael Kavey, Arthur Liman Public Interest Fellow at Lambda Legal. "The position is wrong on the law, and it's dangerous to all New York students."

The New York Commissioner of Human Rights held in March 2008 that a policy of the East Meadow Union Free School District restricting the use of guide dogs by disabled students violated the NYHRL. In an appeal of that decision, the school district is arguing that the NYHRL provision at issue, which bans discrimination by an "education corporation or association," does not apply to school districts or other public education institutions.

Lambda Legal 's amicus brief supports the Commissioner's decision that public school students are protected by the law.

In addition to threatening the safety of LGBT youth, the school district's position would eliminate crucial protections against discrimination and harassment based on race, sex, religion, disability, and other factors.  A broad coalition of civil rights groups joined Lambda Legal's brief, urging the court to reject the school district's dangerous interpretation of the law.

In October 2007, Lambda Legal was involved in a similar issue in Ithaca City School District and called upon officials to revise their stance that the NYHRL did not apply to public schools. The case involved a young student who alleged that she was the victim of relentless racial harassment and that she was given little to no help from the school district. A State Supreme Court ruled that the NYHRL applied to schools, but the Board of Education appealed the finding. After receiving a letter from Lambda Legal asking them to revise their stance, the School Board held a hearing, and on October 23, 2007, the Board unanimously voted to rescind the

challenge. Ithaca City School District Board of Education member Seth Peacock said, "I want to thank Lambda Legal for their involvement in this case. Their letter, I think, allowed many of us to look at this issue differently."

###

Erin Baer 212-809-8585 ext 267; Email: ebaer@lambdalegal.org