KLLF Wins Preliminary Injunction Stopping School District from Discriminating Against Menstruating Students

The Northern District of New York has ruled that an upstate school district must immediately stop giving failing grades to middle school students who cannot participate in mandatory swim class due to their periods. The ruling granted KLLF’s motion for a preliminary injunction, which was filed in April.

In its ruling, the Court found that plaintiffs were likely to succeed on all of their claims, including gender discrimination under Title IX, violation of the Fourteenth Amendment’s Equal Protection Clause, and discrimination under the New York State Human Rights Law and Civil Rights Law. The Court recognized that the school district knowingly and intentionally discriminated against its menstruating students by giving them failing grades for missed swim classes, while other similarly situated students did not receive the same treatment. The Court also found that absent an injunction, the plaintiffs would suffer irreparable harm and that an injunction was in the public interest. As the Court explained:

Absent a preliminary injunction plaintiffs and the putative class members will continue to be denied their (1) constitutionally protected right to equal protection; (2) federally protected right to equal educational opportunities; and (3) state law rights to be free from gender discrimination. Securing plaintiffs’ rights to be treated equally regardless of their gender serves the public interest.

KLLF attorneys Alanna Kaufman and Kyla Magun represent plaintiffs, the parents of two IRCSD middle schoolers on behalf of their daughters and all other similarly situated students in the district.