EdCounsel Insights

Episode 57: The General Assembly’s Oversight: Sex Segregated Restrooms in Missouri Public Schools

October 31, 2023 EdCounsel, LLC Episode 57
Episode 57: The General Assembly’s Oversight: Sex Segregated Restrooms in Missouri Public Schools
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EdCounsel Insights
Episode 57: The General Assembly’s Oversight: Sex Segregated Restrooms in Missouri Public Schools
Oct 31, 2023 Episode 57
EdCounsel, LLC

Some former and current legislators argue that school districts should pass policies requiring sex segregated school restrooms.   The Missouri Human Rights Act prohibits segregation in public accommodations, including restrooms, on the basis of sex.  This prohibition is broad enough to allow for claims that males cannot be excluded from female restrooms and vice versa.   As long as this language is on the books, and as long as the law is otherwise unsettled as to whether schools can have sex segregated restrooms, districts should avoid adopting policies that may lead to increased legal risks. 

Show Notes

Some former and current legislators argue that school districts should pass policies requiring sex segregated school restrooms.   The Missouri Human Rights Act prohibits segregation in public accommodations, including restrooms, on the basis of sex.  This prohibition is broad enough to allow for claims that males cannot be excluded from female restrooms and vice versa.   As long as this language is on the books, and as long as the law is otherwise unsettled as to whether schools can have sex segregated restrooms, districts should avoid adopting policies that may lead to increased legal risks.