School Discrimination Legal Options

Summary

You may have grounds for a lawsuit against your former school for privacy violations and potential discrimination. Schools must protect students privacy under FERPA, and failure to obtain consent for sharing information can be considered negligence. Discrimination based on gender transition falls under sex as a protected class. The statute of limitations for discrimination claims in California can vary, but delayed discovery may extend the timeframe if you were unaware of the harm. Consult a lawyer to explore your legal options and gather evidence to strengthen your case.

Full Conversation

hi
Hi there! How can I help you with your legal issue today?
I live in Ca and want to sue my former school for discrimination. During my time as a minor directory information was collected during my sports without my written consent and posted on public websites. 10 years pass and I find my info, request my school remove the info they posted. But they said they aren’t able to because it’s a 3rd party site. The info while not explicit reveals my previous identity before my transition. Can I sue them since they posted the info and its continued publication puts my safety at risk
You may have grounds for a lawsuit based on privacy violations and potential discrimination. Key points include:
- FERPA Violation: Schools must protect students' privacy under the Family Educational Rights and Privacy Act (FERPA).
- Negligence: School's failure to obtain consent.
- Potential Harm: Risk to your safety.
Would you like information on how to proceed legally?
yes and what do you mean potential discrimination? what criteria must it qualify to constitute discrimination?
Discrimination can occur under several criteria, including:
- Protected Class: Discrimination based on race, color, national origin, sex, disability, or age.
- Unequal Treatment: Being treated differently compared to others in similar situations.
- Adverse Impact: Actions that disproportionately affect a protected class.

Do you feel the school's actions specifically targeted you based on any of these criteria?
how come gender isnt there. For the specific action of posting the records no. But all the treatment when I came out is a resounding yes. But unfortunately I don't really have much besides my memory and words.
Gender falls under "sex" as a protected class under discrimination laws. If the school treated you unfairly due to your gender transition, that could constitute discrimination. Your memory and words are valuable, but gathering any additional evidence, like emails or witness statements, will strengthen your case.
Would you like to know more about gathering evidence or the steps to file a complaint?
well the thing about part of that is when I requested for my data under ferpa they told me that any data was likely lost since my year was the year the school transitioned from paoer to digital and if it wasn't lost the paperwork in my files were irrelavant or already deleted to due retention policies
It sounds like you have a strong case for both privacy violations and discrimination. Here are some key points to consider:
- FERPA Violation: The school is required to protect your personal information.
- Negligence: Failure to obtain consent for sharing your information.
- Discrimination: Unfair treatment based on your gender transition.
Would you like guidance on how to gather evidence or the next steps to file a complaint?
but the thing is I'm pretty sure there is a statute of limitations for when I can sue based on discrimination. Which would have begun after I turned *. Although I still was unaware of the laws then. I only found out that my school engaged in discrimination when I was looking up the laws to take down my info when I found my data publically.
In California, the statute of limitations for discrimination claims can vary:
- Personal Injury/Negligence: 2 years from the date you discovered the harm.
- Education Code Violations: Typically *-2 years, but may extend if discovery was delayed.
- FERPA: Complaints must be filed within 180 days of the alleged violation.
Given your situation, it’s worth consulting a lawyer to explore if "delayed discovery" applies. Would you like more details on how to find legal assistance?
whats delayed discovery and what would apply?
Delayed discovery is a legal principle that can extend the statute of limitations if you were unaware of the harm or violation when it occurred. This means the clock starts when you discover, or reasonably should have discovered, the issue.
In your case:
- Discrimination: The statute could extend if you discovered the harm later.
- FERPA Violations: Generally within 180 days, but consulting a lawyer can help clarify applicability.
Would you like help finding a lawyer?