Bonnie Peltier v. Charter Day School, Inc., No. 20-1001 (4th Cir. 2022)Annotate this Case
Charter Day School (“CDS”) a public charter school in North Carolina, requires female students to wear skirts to school based on the view that girls are “fragile vessels” deserving of “gentle” treatment by boys. Plaintiffs argued that this sex-based classification grounded on gender stereotypes violates the Equal Protection Clause of the Fourteenth Amendment, and subjects them to discrimination and denial of the full benefits of their education in violation of Title IX of the Education Amendments of 1972, 20 U.S.C. Section 1681 et seq. (“Title IX”). In response, despite CDS’ status as a public school under North Carolina law, CDS denied accountability under the Equal Protection Clause by maintaining that they are not state actors.
The Fourth Circuit affirmed the district court’s entry of summary judgment for Plaintiffs on their Equal Protection claim against CDS. The court also vacated the district court’s summary judgment award in favor of all Defendants on Plaintiffs’ Title IX claim and remanded for further proceedings on that claim.
The court held that CDS is a state actor for purposes of Section 1983 and the Equal Protection Clause. By implementing the skirts requirement based on blatant gender stereotypes about the “proper place” for girls and women in society, CDS has acted in clear violation of the Equal Protection Clause. The court further held that sex-based dress codes like the skirts requirement, when imposed by covered entities, are subject to review under the anti-discrimination provisions of Title IX.
This opinion or order relates to an opinion or order originally issued on August 9, 2021.