Education Dept Updates Sex-Based Discrimination Protections

The Department of Education has issued updated rules under Title IX to protect people in federally funded schools from sex-based harassment and discrimination. And yes, that means protecting LGBTQ people. https://twitter.com/TheAdvocateMag/status/1781307177824583885 In 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County that discriminating against someone for their sexual orientation or gender identity constitutes sex discrimination because sex (or gender identity) plays a role in fueling such discrimination. The new rules explicitly address Title IX protections against discrimination or harassment involving alleged anti-LGBTQ animus including attempts to prohibit transgender students from accessing gender-affirming bathrooms and locker rooms.

From The Advocate:

The final regulations provide explicit protections for LGBTQ+ students, who often face significant challenges and discrimination in educational settings.

The new rules expressly prohibit discrimination based on sexual orientation and gender identity, aligning with the U.S. Supreme Court’s decision in Bostock v. Clayton County, which recognized such forms of discrimination as violations of civil rights.

“The new rule puts in the regulation itself that discrimination on the basis of gender identity and sexual orientation violates Title IX,” a senior administration official told The Advocate during a press call. “And if, in an investigation, we determine that a student is harassed based on gender identity and subject to a hostile environment that meets the standard in these new regulations, then we would be able to find a violation, and we would be able to ensure that the school comes into compliance under Title IX.” It’s worth noting that today’s announcement sidesteps the issue of whether transgender students should be able to play on sports teams that align with their gender identity. Read more at The Advocate. https://twitter.com/SecCardona/status/1781326352450216186