LGBTQ Students and a Hostile Learning Environment

Have you ever walked in the halls of a school and wondered why there are so many safe space signs? Sadly we live in a world where LGBTQ children often face a hostile learning environment. We hope to explain here what a hostile learning environment is and when parents should be concerned.

What is a Hostile Learning Environment?

A hostile learning environment is not a phrase often heard. It’s more common to hear the phrase hostile work environment. However, the two can have some similarities. 

Both have

• A situation of discrimination occurring and creating a harmful setting
• Intimidating environment creating fear
• A culture that denies, limits, or interferes with someone’s ability to gain benefits from a job, program, or school

For more details on a hostile learning environment, check out this blog post.

A hostile learning environment is a toxic place that makes it impossible for students to learn and denies them access to education. 

It’s often an indication of discrimination.

LGBTQ Students and a Hostile Learning Environment

If a child is being exposed to a hostile learning environment because they belong to a protected class, that is discrimination.

An example of this would be if a child is being bullied by students or teachers because of their sexual orientation and the school takes no steps to resolve the situation, that would be considered a violation of a student’s civil rights.

As organizations that accept federal money, schools are legally required to comply with all federal civil rights laws.

That means they cannot discriminate against someone because they belong to a protected class. Protected classes include

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

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

How do I know if it’s Discrimination?

Spotting discrimination can be hard in this day and age. Social norms have forced it to become subtler than what might be depicted on television or in the media.

That is why we at Cueto Law compiled a list of signs of discrimination that is available to anyone for free.

Click here to download your copy!

We also offer free consultations to discuss the specifics of your case. Call us at 618-277-1554 to speak to one of our attorneys!

LGBTQ Teens and Discrimination

The last thing any parent wants to realize is that their LGBTQ teen is facing discrimination. Sadly many students are bullied or ostracized for their sexual orientation. But did you know that your child’s school is legally required to protect civil rights?

LGBTQ teens facing discrimination are bound to feel a wide range of emotions. If you are a parent of a student being bullied, you should be aware this can damage their mental health. There are several suicide prevention projects with many resources for queer teens and their families.

Click here for more information.

While there might be no federal bullying laws, schools are still legally required to take action against bullying and discrimination. If the school fails to do so, it can open them up to a lawsuit.

Laws Protect LGBTQ Teens against Discrimination

As organizations that accept federal money, schools are required to comply with all federal civil rights laws. 

Federal civil rights laws apply to groups of people called a protected class, and this guarantees all people equal rights regardless of their membership in one of these classes. 

Protected classes are groups based on

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

If your child is being bullied for being LGBTQ, and the school does nothing, then the school is not complying with federal rights laws.

Their actions can be considered discrimination against your child for their sexual orientation.

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

Be sure to be on the lookout for other signs of discrimination. Click here to download our free signs of discrimination checklist!

What Can I do?

If you think your student’s civil rights are being violated, you might have the grounds to file a lawsuit. Start by keeping records of all communication with the school, save all receipts and invoices for expenses related to the bullying (counseling and so on), and call a lawyer to discuss your case.

At Cueto Law, our services are free to you unless we win. We don’t get paid unless you get paid, so make sure to call us at 618-277-1554 to talk to one of our lawyers. 

LGBTQ Students and Discrimination

Sadly we live in an imperfect world where LGBTQ students face discrimination in school. It is common to hear stories about these students facing bullying, indifference from school staff, along with insensitive questions. However, parents and students need to know that they are not the ones who need to change. Civil Rights laws require schools to take action against discrimination.

LGBTQ students facing discrimination feel a wide range of emotions. Bullying often affects mental health. There are several suicide prevention projects with many resources for queer teens and their families.

Click here for more information.

However, it is not your or your teenager’s responsibility to accept what is happening at school.

While there might be no federal bullying laws, your child is still protected. Schools are still legally required to take action against bullying and discrimination. If the school fails to do so, it can open them up to a lawsuit.

Sexual Orientation is a Protected Class

As organizations that accept federal money, schools are required to comply with all federal civil rights laws. 

Federal civil rights laws apply to groups of people called a protected class, and this guarantees all people equal rights regardless of their membership to one of these classes. 

Protected classes are groups based on

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

If your child is being bullied for being LGBTQ, and the school does nothing, then the school is not complying with federal rights laws.

Inaction is discrimination against your child for their sexual orientation.

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

What Can I do?

If a school is discriminating against your child, you might have the grounds to file a lawsuit. Start by keeping records of all communication with the school, save all receipts and invoices for expenses related to the bullying (counseling and so on), and call a lawyer to discuss your case.

At Cueto Law, our services are free to you unless we win. We don’t get paid unless you get paid. Call us at 618-277-1554 to talk to one of our lawyers. 

Being Bullied for Being Gay?

Is your child being bullied for being gay? That can be a big problem for middle and high school students and something that creates a hostile learning environment for children. Being bullied for sexual orientation is never okay. It’s particularly problematic if the school administration does not take meaningful steps to combat bullying.

People often hear stories about teens on the LGBTQ+ spectrum who are being bullied. There was a lot of coverage a few years ago about the It Gets Better Project to prevent suicide from bullying. 

For more information, click here.

While activities have created awareness about bullying, the problem is far from over, and many families still deal with children being bullied for being gay.

But did you know that could be a violation of your child’s civil rights?

Being in a Protected Class

Schools accept federal money, which means they must comply with all civil rights laws. 

Federal civil rights laws apply to groups of people called a protected class, and this guarantees all people equal rights regardless of their membership to one of these classes. 

Protected classes are groups based on

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

If the school does nothing, then the school is not complying with federal rights laws.

Their actions can be considered discrimination against your child for their sexual orientation.

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

Legal Options

Each case is different however, we at Cueto Law have experience working with families who need financial compensation for damages from discriminatory practices from schools. 

We recommend that families worried about discrimination in schools download our free signs of discrimination checklist! 

Click here for a freebie!

Additionally, keep records of all communication with the school, and save receipts for any therapy or expenses related to your child’s bullying. Feel free to call us at 618-277-1554 for a free consultation to discuss the specifics of your case! 

Federal Bullying Laws

Did you know there are no federal bullying laws? It’s surprising to many people and makes some parents feel angry. If their child is being bullied, does that mean the school doesn’t have to do anything about it? Not necessarily. It’s more complicated than that. 

Many parents assume their child is protected against bullying by federal law.

Surely there must be something in place to protect children and require schools to get involved in stopping bullying.

Many schools do. Most middle and high schools have codes of conduct that address both typical bullying and cyberbullying. Many states also require teachers to go through training on antibullying responses to get their certifications.

However, there is no federal law that explicitly addresses bullying.

So my child is not protected?

While it might seem like the federal government has left it up to schools, given that they have made no federal bullying laws, there are still federal laws that protect children.

As organizations that accept federal money, schools must comply with all federal civil rights laws.

These laws have stipulations about how protected classes must be treated. Protected classes include groups based on

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

If the bullying is based on your child’s identity in one of these categories, and the school fails to take action, that could be considered discrimination on the school’s part. 

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

What does the school have to do?

Schools are required to create an appropriate environment for all of their students. If they fail to respond to bullying in their school, this can create a hostile learning environment.

Children in a hostile learning environment do not gain skills or learn new information at the same rate as their peers. 

A hostile learning environment can deny a child equal opportunities for education.

If a school created this environment, it can be considered discrimination and a violation of the student’s civil rights.

Not responding to bullying based on a child belonging to a protected class can be a sign of discrimination. 

To learn more about signs of discrimination, download our free signs of discrimination in schools checklist.

Click here for your freebie!

What are my legal options?

If you think your child’s school has created a hostile learning environment, you might have legal options worth pursuing. However, each case is different. 

We would be happy to discuss the specifics of your case with you. Call us at 618-277-1554 to set up a free consultation with one of our attorneys. 

Racial Discrimination in Schools

Did you know that racial discrimination in schools is a problem many families still have to deal with? Sadly, families of color still need to be on the lookout for signs of discrimination in schools. That is why we at Cueto Law have compiled resources for families.

Racial discrimination in schools can be subtle, which is why we created this free checklist of signs of discrimination.

Click here to download our checklist for free!

Additionally, families should be aware that the first thing to be on the lookout for is students and staff creating a hostile learning environment for your child.

What are the signs of a hostile learning environment?

Most of our clients become aware of a hostile learning environment when their child complains of bullying that school officials do not respond to.

We at Cueto Law have seen cases of children being bullied not only by students but by school staff, creating an environment that encourages the bullies. 

It is unreasonable to expect your child to learn in these conditions, and if the bullying and discrimination are based on your child’s race, then it could be a violation of their civil rights.

What are my legal options?

Schools, as organizations that accept federal money, are legally obligated to comply with all federal civil rights laws. If your child is being bullied because of their race, and the school does not take reasonable actions to stop it, they’re violating your child’s civil rights.

Protected categories under civil rights laws are

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

If any of the bullying is based on your child’s identity in any of these categories, you as a parent have every right to be concerned. 

To learn more about federal laws and bullying, click here!

Free Consultation

We at Cueto Law offer free consultations to all potential clients, and we don’t charge you anything unless we get you a financial settlement. 

If you are struggling with racial discrimination in schools, we want to talk to you about the specifics of your case. Please call us at 618-277-1554 to speak to one of our lawyers.

Bullying Based on Race

Children can be bullied for many reasons, but bullying based on race can be very problematic. It’s important that if your child is being bullied because of their race, their school is taking that seriously. If the school is not taking action, that might be a violation of your child’s civil rights.

Parents and children of color sometimes struggle to get schools to take allegations of racism and bullying seriously. 

Make sure to be on the lookout for common signs of discrimination. Click here to download our free signs of discrimination checklist.

How do you tell, though, if that bullying is violating your child’s civil rights though?

There are some things to be aware of.

Bullying and Civil Rights

oney, have to comply with all federal laws. This includes civil rights laws.

Civil Rights laws require schools take actions to prevent or address bullying if the bullying is based on your child’s

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

If the school does not take action or creates a hostile learning environment, they might be violating your child’s civil rights.

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

What Can I do?

If you, as a parent, suspect your child is experiencing bullying based on race and their civil rights are being violated, there are steps you can take.

Save all communication you have with the school regarding the bullying or any other matters of discrimination. Take notes during meetings. 

Call us at Cueto Law for a free consultation. We would love to talk to you and can be reached at 618-277-1554. 

My Child Is Being Bullied Because of Their Skin Color

Sadly, children of color commonly feel ostracized at school, especially if they are being bullied because of skin color. Many of your child’s classmates might decide to pick on your child because they look different. However, federal law requires schools to respond to bullying.

Being bullied because of your skin color is never okay, and if your child’s school fails to take action, they might be violating your child’s civil rights. 

Make sure to download our free checklist for signs of discrimination to know what to look for!

What does Bullying have to do With Discrimination?

While there is no federal law that dictates what a school has to do about bullying, there are federal civil rights laws. Schools must comply with those laws as organizations that receive federal money.

If the bullying is based on your child belonging to a protected class and the school does nothing this is a violation of civil rights law.

Bullying based on any of the following could indicate your child’s civil rights are being violated. 

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

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

What can I do?

If you or your child are seeing evidence of discrimination and bias in not only the students but also the staff, then you might have a case against your district for discrimination.

Download our free discrimination checklist to know what to look for, and call us at 618-277-1554 to discuss the specifics of your case with one of our lawyers for FREE! 

Bullying and Civil Rights

Bullying can be hard for children to deal with and for adults to get a handle on. However, if your school fails to respond to bullying, then the bullying can infringe on your child’s civil rights.  

Children are protected by federal civil rights laws, which means that your child should not lose out on opportunities because of their membership in a protected class, such as, 

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

Schools, as organizations that accept federal money, are legally required to uphold all civil rights laws. 

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

What do Civil Rights have to do with Bullying?

If the bullying is creating a hostile learning environment and is based on a child belonging to one of the protected classes listed above, then the school is legally required to take action to prevent the bullying. 

These actions can include

• Counseling Services for bullies and victims
• Imposing and enforcing rules on cyberbullying
• Efforts to change school culture 
• Having and executing clear policies on bullying in the student handbook
• Other reasonable actions

If the school fails to respond to the bullying or even makes it worse then they are not giving all students equal access to education and violating civil rights laws.

What Can I do?

If your child is being bullied and the school is not taking action to alleviate the situation then they might be violating federal civil rights laws.

Make sure to download our free checklist for signs of discrimination.

Additionally, we recommend that you take notes during all calls and meetings with school officials, as well as saving digital or hard copies of all communication you have with teachers and school staff.

Make sure to call us at Cueto Law at 618-277-1554 for a free consultation to discuss your specific circumstances.

What is a hostile learning environment?

What is a hostile learning environment? Sadly that is a question parents have to ask themselves at times. No child should face a hostile learning environment in school.  However many do, and there can be sharp legal consequences for the schools that create this kind of space for students. In this post, we’ll cover what a hostile learning environment is, how to spot it, and what to do about it.

When you send your child to school you want them to be going someplace where they are safe and cared for. 

Children have to feel safe and supported in schools. After all, in order to learn and grow, students have to make mistakes. Schools need to be the kinds of places where that can happen.

However, if a school has created a hostile learning environment, that can be impossible for children.

What is a hostile learning environment?

A hostile learning environment is specific to a school or classroom and is defined as 

• A situation of discrimination occurring and creating a harmful setting
• Intimidating environment creating fear
• A culture that denies, limits, or interferes with someone’s ability to gain benefits from a job, program, or school

For more information on the legal definition of a hostile environment click here. 

In the context of a school, a hostile environment is a place that causes students to be fearful, intimidated, or has multiple incidents of discrimination. All of this can interfere with learning.

How can I tell if my child is facing a hostile learning environment?

A significant indicator of a hostile learning environment is how your child feels about going to school. Are they happy to do so? Or do they dread it?

Observe how your child seems on their way to school and when they come home. Be on the lookout for changes in their behavior. If they used to love school, but suddenly seem to hate it, almost overnight, that is an indicator something is wrong.

If you are worried, ask your child about what is going on in school.

Be on the lookout for signs of discrimination. These can include

• Not making reasonable accommodations for students with disabilities
• Grading work lower than its worth
• Imposing harsh or unreasonable punishments
• Not responding to reports of bullying

Click here to download our free checklist of signs of discrimination.

If your student is part of a protected class as defined by the American Disabilities Act and the school is not taking actions to protect them from bullying, refusing to make reasonable accommodations, or being too harsh on your child, that could be discrimination.

What should I do?

If you believe your child is facing a hostile learning environment, you as a parent have every right to react. 

Contact school staff, administrators, and teachers about your concerns. Keep a record of all communication between yourself and school officials. Save emails, letters, and take notes during meetings and phone calls.

If you are not satisfied with the school’s response or if they make no modifications, contact Cueto Law at 618-277-1554. You can discuss the details of your case with one of our attorneys, for free!