Lambda Legal Urges Newfield Central School District to Retract Its Stance on New York Human Rights Law

(Newfield, NY, July 22, 2008) — In an effort to persuade the Newfield Central School District (NCSD) to abandon its stance that the New York Human Rights Law (NYHRL) does not apply to public schools, Lambda Legal today sent school board members a letter outlining the legal flaws in their position and warning of future consequences for students who may face antigay discrimination.

"No other federal or New York law bars sexual orientation discrimination in public schools as specifically and effectively as the Human Rights Law does," said Hayley Gorenberg, Deputy Legal Director of Lambda Legal. "It's unconscionable for a public school district to argue that the Human Rights Law does not protect the students in its care."

Two parents filed a sex discrimination complaint against NCSD alleging that their sons were unfairly disciplined while other students who were also misbehaving were not. In addition to disputing the facts, the school rejected the applicability of the NYHRL, arguing it only applies to "education corporations and associations," which, in its view, does not include public schools. A state judge ruled in favor of the NCSD, citing a 1974 appellate decision. However, Lambda Legal's letter points out that the court's analysis is outdated because a law that went into effect after the court's decision defined "education corporation" to include public schools.

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 interest in the matter.

In October 2007, Lambda Legal submitted a similar letter to the Ithaca City School District asking it to revise its stance that the NYHRL did not apply to public schools. The case involved a 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. The State Supreme Court judge ruled that the NYHRL applied to schools, but the district appealed the finding. After receiving Lambda Legal's letter, the local 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."

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