Maryland
P.G. County school board settles trans teacher’s discrimination lawsuit
English teacher says she faced years of harassment and abuse
The Prince George’s County, Md., Board of Education and transgender former teacher Jennifer Eller have reached a settlement agreement regarding a 2018 discrimination lawsuit that Eller filed against the P.G. school system, according to a statement released by Eller’s attorneys.
Eller’s lawsuit, filed in U.S. District Court for the District of Maryland, charged that Eller suffered years of abuse, harassment, and discrimination at the hands of students, fellow teachers, staff, and school administrators while working as an English teacher in P.G. County’s public schools because of her status as a transgender woman.
The statement released by the LGBTQ litigation group Lambda Legal and the law firm Arnold & Porter, which provided pro bono legal representation for Eller, calls the settlement a victory for her.
“The settlement agreement includes monetary compensation and incorporates policy and training changes to protect transgender students and staff within Prince George’s County Public Schools,” the statement says.
“I’m relieved to see this case finally come to a resolution and satisfied to see that our case led to the adoption of these policy changes and training protocols to improve the school environment for everyone, including LGBTQ+ students and teachers” Eller said in the statement. “This settlement vindicates my pleas for help and sensitivity training on LGBTQ+ issues for students and staff,” she said.
The statement does not provide specific details of the terms of the settlement and does not disclose the amount of monetary compensation provided by the P.G. County Schools to Eller.
The lawsuit, as originally filed, called for the court to grant Eller “declaratory injunctive relief” to legally confirm she was forced to resign due to adverse conditions imposed on her by school officials. It also called for the court to require the school system to provide her back pay, lost benefits, and a possible reinstatement as a teacher.
Lambda Legal spokesperson Samy Nemir told the Blade Eller’s attorneys were not at liberty to disclose the amount of the monetary compensation due to a confidentiality agreement that was part of the settlement.
D.C.’s WTOP News reported that a spokesperson for the P.G. County Public Schools said the school system was committed to “promoting and maintaining learning and working environments that are safe, positive and affirming for all students and staff regardless of sexual orientation, gender identity or expression.”
According to WTOP, the spokesperson said the lawsuit was “resolved to the mutual satisfaction of both parties.”
In court filings in response to the lawsuit, P.G. school officials denied Eller’s allegations of discrimination and harassment. In January of this year attorneys for the P.G. schools filed a motion asking the judge to dismiss the case on grounds that the lawsuit failed to provide sufficient evidence that Eller was subjected to discrimination and harassment that forced her to resign due to a hostile work environment.
But in a development that likely prompted P.G. school officials to settle the case, U.S. District Court Judge Theodore D. Chuang denied the motion to dismiss the case and ruled that Eller’s attorneys had introduced sufficient evidence to bring the case to trial.
“The court found that the alleged facts and the information as discovered throughout the case in the discovery process is sufficient to allow a jury to find whether Jennifer Eller was subjected to a hostile work environment and constructive discharge and retaliation unlawfully by the defendants,” Lambda Legal attorney Omar Gonzales-Pagan told the Blade at the time of the ruling in January.
“The settlement reached today is a meaningful result for our client, whose primary goal in bringing this suit was to ensure that no other individuals in the Prince George’s County Public Schools system endured the same treatment that she did,” said Arnold & Porter attorney Lori Leskin. “Our hope is that the policies and training protocols that have been and will be implemented will help foster a more inclusive and accepting environment for all LGBTQ+ individuals in the school system,” Leskin said.
Maryland
Md. Commission on LGBTQIA+ Affairs released updated student recommendations
LGBTQ students report higher rates of bullying, suicide
The Maryland Commission on LGBTQIA+ Affairs has released updated recommendations on how the state’s schools can support LGBTQ students.
The updated 16-page document outlines eight “actionable recommendations” for Maryland schools, supplemented with data and links to additional resources. The recommendations are:
- Developing and passing a uniform statewide and comprehensive policy aimed at protecting “transgender, nonbinary, and gender expansive students” against discrimination. The recommendation lists minimum requirements for the policy to address: name, pronoun usage, and restroom access.
- Requiring all educators to receive training about the specific needs of LGBTQ students, by trained facilitators. The training’s “core competencies” include instruction on terminology, data, and support for students.
- Implementing LGBTQ-inclusive curricula and preventing book bans. The report highlights a “comprehensive sexual education curriculum” as specifically important in the overall education curriculum. It also states the curriculum will “provide all students with life-saving information about how to protect themselves and others in sexual and romantic situations.”
- Establishing Gender Sexuality Alliances “at all schools and in all grade levels.” This recommendation includes measures on how to adequately establish effective GSAs, such as campaign advertising, and official state resources that outline how to establish and maintain a GSA.
- Providing resources to students’ family members and supporters. This recommendation proposes partnering with local education agencies to provide “culturally responsive, LGBTQIA+ affirming family engagement initiatives.”
- Collecting statewide data on LGBTQ youth. The data on Maryland’s LGBTQ youth population is sparse and non-exhaustive, and this recommendation seeks to collect information to inform policy and programming across the state for LGBTQ youth.
- Hiring a full-time team at the Maryland Department of Education that focuses on LGBTQ student achievement. These employees would have specific duties that include “advising on local and state, and federal policy” as well as developing the LGBTQ curriculum, and organizing the data and family resources.
- Promoting and ensuring awareness of the 2024 guidelines to support LGBTQ students.
The commission has 21 members, with elections every year, and open volunteer positions. It was created in 2021 and amended in 2023 to add more members.
The Governor’s Office of Communication says the commission’s goal is “to serve LGBTQIA+ Marylanders by galvanizing community voices, researching and addressing challenges, and advocating for policies to advance equity and inclusion.”
The commission is tasked with coming up with yearly recommendations. This year’s aim “to ensure that every child can learn in a safe, inclusive, and supportive environment.”
The Human Rights Campaign’s most recent report on LGBTQ youth revealed that 46.1 percent of LGBTQ youth felt unsafe in some school settings. Those numbers are higher for transgender students, with 54.9 percent of them saying they feel unsafe in school.
Maryland’s High School Youth Risk Behavior Survey reveals a disparity in mental health issues and concerns among students who identify as LGBTQ, compared to those who are heterosexual. LGBTQ students report higher rates of bullying, feelings of hopelessness, and suicidal thoughts. Nearly 36 percent of LGBTQ students report they have a suicide plan, and 26.7 percent of respondents say they have attempted to die by suicide.
The commission’s recommendations seek to combat the mental health crisis among the state’s LGBTQ students. They are also a call for local and state governments to work towards implementing them.
Maryland
4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy
Substitute teacher Kimberly Polk challenged regulation in 2024
A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.
The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.
The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”
“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”
The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”
U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.
By PAMELA WOOD | Dan Cox, a Republican who was resoundingly defeated by Democratic Gov. Wes Moore four years ago, has filed to run for governor again this year.
Cox’s candidacy was posted on the Maryland elections board website Friday; he did not immediately respond to an interview request.
Cox listed Rob Krop as his running mate for lieutenant governor.
The rest of this article can be found on the Baltimore Banner’s website.
