Tag: Title IX
USDOE Issues Notice of Interpretation on Title IX’s Prohibition on Sex Discrimination
By: Sean P. Dugan, Law ClerkEditor: Sanmathi (Sanu) Dev, Esq. On June 16, 2021, the U.S. Department of Education (USDOE) issued a notice of interpretation that it will enforce Title IX’s prohibition on discrimination on the basis of sex to include discrimination based on sexual orientation and discrimination based on gender identity. The USDOE based its interpretation on the Bostock v. Clayton County case, which the United States Supreme Court decided on June 15, 2020. In Bostock, the Court looked at three cases, two cases where employees were fired after they revealed that they are homosexual, and one where an […]
U.S. DOE and DOJ Rescind Guidance Documents Regarding Transgender Students
On February 22, 2017, the U.S. Departments of Education and Justice (“Departments”) released a Dear Colleague Letter, which rescinds the May 2016 federal guidance documents regarding the rights of transgender students. The May 2016 guidance documents offered clarification that Title IX of the Education Amendments of 1972 (“Title IX”) prohibits discrimination based on a student’s transgender status and/or gender identity. These previously issued guidance documents explained that school districts cannot require transgender students to use restrooms or locker rooms inconsistent with their gender identity or require them to use individual-user facilities when other students are not required to do so. The recent February 2017 Dear Colleague […]
U.S. DOE and DOJ Issue Guidance Documents Addressing Rights of Transgender Students
On May 13, 2016, the U.S. Departments of Education and Justice (“Departments”) issued a joint Dear Colleague Letter (“Letter”) specifically advising that Title IX of the Education Amendments of 1972 (“Title IX”), which prohibits sex discrimination in educational institutions and programs receiving Federal financial assistance, prohibits discrimination based on a student’s transgender status and/or gender identity. Dear Colleague Letter: Transgender Students (May 13, 2016). The Letter provides insight as to how the Departments analyze and evaluate whether school districts comply with Title IX with respect to transgender students. The Letter also references a guidance document prepared by the U.S. Department […]
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