Title IX's Substantive Equity Mandate for Transgender Persons in American Law Schools: A Call to Disaggregate SOGI Data
Forthcoming, Spring 2020, Vol. 44.3 NYU Review of Law and Social Change
42 Pages Posted: 17 Oct 2019
Date Written: October 8, 2019
SOGI (sexual orientation and gender identity) data has been routinely studied by federal agencies for several years, including disaggregation of such data. For example, the LGBTQIA umbrella is more specifically analyzed per each of those letters in crime and health surveys. Law schools, despite tremendous gains to provide formal equity for women, pursuant to Title IX, still strive to reach full substantive equity for those women.
Title IX's substantive equity mandate includes transgender persons. Yet, without an on-point ABA Standard or statutory mandate, law schools fail to parse data such that the academy can know how many transgender students or professors are among the ranks. In fact, LGBT data need not be tracked at all. However, to offer diverse students, especially transgender persons, a safe and fully inclusive environment, law schools must know how many persons are impacted by policies and procedures. Law schools should track LGTBQIA enrollment and employment data, and they should disaggregate that data to yield efficient policy development.
This paper offers examples from federal surveys and suggestions for policy development.
Keywords: LGBT, LGBTQIA, Transgender, Title IX, Legal Education, SOGI, SOGI Data, Disaggregated Data
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