Monday, January 14, 2019

Law School Faces Transgender Discrimination Lawsuit

No one expects to go to law school and be discriminated against because of who they are as a person, but that’s exactly what one transgender law student claims happened to her during her first year of law school.

Shiloh Betancourt attended California Western School of Law as a 1L, where she alleges she was subjected to “rampant discrimination” from classmates, staff members, professors, and administrators, all because she’s a transgender woman.

NBC San Diego has some of the details alleged in Betancourt’s discimination suit:

According to the lawsuit, Betancourt says the discrimination began a few days after the January 2017 semester began when during a meeting with one of her professors, the professor asked her what her name was before she transitioned from male to female.

Referring to a person’s name before they transitioned is considered “deadnaming” and highly offensive in the transgender community because it invalidates their identity.

“Cal Western made an impression on me that the school was an LGBTQ-friendly institution,” Betancourt said. “But sadly, that was not my experience at the law school.” She claims that when she went to the school’s Diversity Services Office for help, she was told services weren’t provided for transgender students. To top it off, Betancourt says she heard her fellow students referring to her as a “he-she.” Betancourt goes on to allege the behavior of Susan Finster, the school’s assistant dean for student and diversity services, went beyond the pale with comments like this:

Betancourt filed a complaint, which she said was supposed to be confidential. Soon after, however, she says she discovered that her complaint had been shared with staff, resulting in additional mistreatment from other tutors as well as Finster.

One such incident allegedly occurred in February 2018. Betancourt wore a sweater and short skirt to school. When Finster saw her, she allegedly said, according to the lawsuit, “I know how you stay warm because my son also stays warm because he has a lot of testosterone.”

Betancourt said she was under the “impression that law school was a place where diversity was respected,” but her time at Cal Western proved otherwise. “It was my understanding that lawyers had a more sophisticated sense of respect for diversity and inclusion. But I was shocked to experience otherwise.”

No one should be treated like this, and the fact that Betancourt allegedly had to face an untenable situation like this is abhorrent. We can do better than this.

Transgender Student Sues Cal Western Law School for Alleged Rampant Discrimination [NBC San Diego]


Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.


Law School Faces Transgender Discrimination Lawsuit curated from Above the Law

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