The Millard Public School Board updated its anti-discrimination and harrassment policy to add “gender identity” and “sexual orientation” as protected classes at the Nov. 16 board meeting.
Other school districts have had similar policies in place for years. Omaha Public Schools added the language to their nondiscrimination policy in 2016. Lincoln Public Schools and Westside Public schools also included these protections previously.
Prior to Nov. 16, Millard Public Schools’ notice of nondiscrimination stated, “The Millard School District does not discriminate on the basis of race, color, religion, national origin, gender, marital status, disability, or age, or on any other basis prohibited by federal, state, or local laws, in admission or access to or treatment of employment, in its programs and activities.”
This update to the anti-discrimination and harassment policy has been a long time coming for some. Millard South Gay Straight Alliance (GSA) Co-President Irene Hawkins noticed its absence in her freshman year.
“I know a lot of my peers have been very upset about things that have happened to them, and the school board is technically not doing anything because it isn’t a part of that policy,” Hawkins said.
Over 20 years ago, in March 2000, the Omaha GSA and student GSA from Millard North lobbied the school board to add “sexual orientation” to the nondiscrimination clause of the student handbook. The GSA cited concerns about homophobic slurs being used against LGBT students in schools and an overall unsafe atmosphere at schools due to bullying. The school board did not change the policy at that time.
Jenny Schnaidt, ‘00, who wrote for Common Sense about the GSA lobby in 2000, said she is pleased to see the policy finally updated now.
“I am happy that the board decided to add the language to the policy, but I am disappointed it took so long for this change to happen since the GSA was actively working on this back when I was in high school writing for the paper,” Schnaidt said.
In 2015, the anti-discrimination and harassment policies were reviewed as part of a routine reaffirmation of policies by the school board. There was no change then, either, as the school board felt the policies already covered everyone and complied with state and federal guidelines. The board said that their goal was to be broad and over arching, so that all forms of discrimination would be included.
Not everyone agrees that this discrimination was covered previously, though.
“Some of my friends have been called the T-slur, the F-slur in the hallways before. Teachers are refusing to use their preferred name and pronouns,” Hawkins said.
The reason for the change in policy now is a recent decision by the US Supreme Court. In June, the Supreme Court ruled on Bostock v. Clayton County that the 1964 Civil Rights ct includes protections for LGBT Americans against discrimination based on sex. This means that employers cannot fire employees just for being lesbian, gay, bisexual, or transgender.
Still, some disagree with the landmark Supreme Court ruling. Justice Samuel Alito and Justice Brett Kavanaugh each wrote dissents against the decision, claiming that gender identity and sexual orientation are not included in the term sex. Although Millard Public School Board member Mike Pate said he was not against anti-discrimination policies, he said he also disagreed with the Supreme Court decision in an interview with the Omaha World Herald.
With this historic decision, the school board felt the need to comply with the new federal policy. “We can’t go against the law,” Board President Linda Poole said in an interview with the Omaha World Herald. “It’s not forcing us to do anything different from what we’ve always done. That’s just basically our normal practice anyway,” Poole said.
Normal practice or not, enforcement will be key in making sure discrimination against LGBT people will be dealt with in the district.
“My only fear is that it [protections for LGBT people] will be added to the policy but it won’t be acted upon,” Hawkins said.
