Is Bullying Always Discrimination?

Is your child being bullied? Are you thinking the school’s failure to act is discriminatory? It very well might be. Bullying while always problematic and something schools need to prevent, is not always discrimination. In this post, we will explain the difference. 

Make sure to download our free signs of discrimination checklist!

Make sure to know what to look out for and what evidence to collect to support your case. 

When is Bullying Discrimination?

Bullying is only discrimination if the bullying is occurring based on a child’s membership to a protected class.

Protected classes include:

• Disability
• Gender
• Gender Identity
• Sexual Orientation 
• Religion
• Ethnicity
• Race
• National Origin

If the bullying is based on one of these categories then it can be considered discriminatory behavior on behalf of the students.

If however the bullying is not based on this but something else, then it is not discriminatory. But that does not mean the bullying is okay. Schools should respond quickly to all reports of bullying in their schools, regardless of if it is discriminatory or not. 

Can I sue the school for discrimination?

That depends. Bullying on its own is not enough to sue the school over. To have a case against a district for discrimination, there must also be evidence of bias among not just the students, but also the staff.

The law requires schools to comply with federal civil rights laws. 

For more information on federal civil rights laws and bullying, click here!

If discriminatory bullying is occurring in the school and school officials and teachers are doing nothing to prevent, or maybe even creating a culture that encourages the bullying, then that is a major sign your child is being discriminated against. 

Be on the lookout for other signs of discrimination in your child’s school! Download our free signs of discrimination checklist!

Contact a Lawyer

If you believe the school is discriminating that is a very serious concern. Children should be able to attend a school where they feel valued and important, and no child can learn in a hostile environment. 

Keep a record of all incidents that make you believe this and save all correspondence you receive from the school.

Call Cueto Law at 618-277-1554 to discuss the specifics of your case for free!