Ed Dept: Title IX covers gender identity and sexual orientation

Higher Ed Dive

Hallie Busta
June 16, 2021
Dive Brief:
  • The U.S. Department of Education said Wednesday that discriminating against gay and transgender individuals violates Title IX, the federal law banning sex-based discrimination on campuses.
  • The department based its decision on a 2020 Supreme Court ruling — Bostock v. Clayton County — that established those protections in federal employment law.
  • The move trails an executive order earlier this year requiring federal agencies to ensure their policies and regulations don’t discriminate against people based on their sexual orientation or gender identity.
Dive Insight:
Following Biden’s order, which came on his first day in office and cited the Bostock ruling, the U.S. Department of Justice in April issued a memo stating that sexual orientation and gender identity are protected classes under Title IX. That document also cites the Bostock ruling and notes that federal courts have already been applying it to Title IX decisions.
Bostock centered on Title VII, a federal employment law that bans discrimination “because of” sex. Its language is similar to Title IX, which prevents discrimination “on the basis of sex.” In its notice of interpretation, the Education Department said it “finds no persuasive or well-founded basis” for not applying Bostock to Title IX.

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