On Wednesday, June 16, 2021, the Department of Education (DOE) confirmed Title IX protects students from discrimination based on sexual orientation and gender identity. The DOE explains in its Notice of Interpretation that it will enforce Title IX’s prohibition on discrimination basis of sex to include:
According to the DOE’s Press Release, this confirmation stems from the U.S. Supreme Court Decision in Bostock v. Clayton County where the Court recognized that it is impossible to discriminate against a person based on their sexual orientation or gender identity without discriminating against that person based on sex.
Miguel Cardona, the U.S. Secretary of Education, said “The Supreme Court has upheld the right for LGBTQ+ people to live and work without fear of harassment, exclusion, and discrimination – and our LGBTQ+ students have the same rights and deserve the same protections. I'm proud to have directed the Office for Civil Rights to enforce Title IX to protect all students from all forms of sex discrimination. Today, the Department makes clear that all students—including LGBTQ+ students—deserve the opportunity to learn and thrive in schools that are free from discrimination.”
Here’s what you need to know:
Information sourced from the DOE’s Notice of Notice of Interpretation.
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