The Updated Version of Title IX and Sex Discrimination
Title IX is enforced by the United States Department of Education’s Office for Civil Rights and exists to prohibit sex discrimination. Here’s everything you need to know about Title IX and Sex Discrimination.
Title IX has been expanded to prohibit discrimination on the basis of sexual orientation and gender identity. The Supreme Court has recognized that both forms of discrimination fall into the category of sex discrimination as a whole.
What is Title IX?
Title IX of the Education Amendments of 1972 is enforced by the United States Department of Education’s Office for Civil Rights, or the OCR. Title IX works to protect people from sex-based discrimination in education programs, or other programs that are backed by federal finances. Overall, it states that excluding any members of the United States on the basis of sex is prohibited, and that no individual should be denied benefits or discriminated against by an education program or activity. Title IX applies to institutions that receive federal financial assistance and can include schools, local and state agencies. Statistically speaking, there are about 17,600 local school districts and above 5,000 postsecondary institutions including for-profit schools, libraries, museums, etc that receive this sort of funding. Furthermore, vocational rehabilitation and educational agencies are included in this, which features all 50 states and other territories of the U.S. including the District of Columbia.
Related: Sexual Harassment and Assault in High School: K-12
What role does the OCR play with Title IX?
The United States Department of Education’s Office for Civil Rights, or the OCR, enforces Title IX. Specifically, the OCR aims to make sure that institutions that receive financial assistance from the federal government are abiding by Title IX. The OCR does this by evaluating, investigating, and resolving any sex discrimination complaints made by individuals. Furthermore, the OCR holds directed investigations or compliance reviews to conduct proactive investigations. This is done to inspect whether systemic violations have the potential to be made or have been made, without relying on complaints to reveal this sort of information. Last but not least, the OCR gives guidance and information to educational institutions including universities and schools to help them stay on track with voluntarily following the law.
How has Title IX been updated?
The United States Department of Education‘s Office for Civil Rights (The OCR) issued a Notice of Interpretation, essentially stating that Title IX’s prohibition of discriminating based on sex includes
- Discriminating on the basis of sexual orientation
- Discriminating on the basis of gender identity
In the past, Title IX of the Education Amendments prohibited discriminating on the basis of sex in educational programs or related activities that receive federal financial assistance. The current full-fledged interpretation comes from the Supreme Court decision made in the case Bostock v. Clayton County, which involved the Supreme Court’s officially recognizing that discriminating against a person based on their sexual orientation or gender identity inevitably involves also discriminating against said person on the basis of their sex. The OCR has recently stated, especially in light of the COVID-19 pandemic, that it is important to recognize LGBTQ+ students have been subject to more challenges than non-LGBTQ+ students in school or workplace environments due to bullying, victimization, harassment, etc. Following that, the Supreme Court also issued a statement saying the LGBTQ+ community has the right to live and work without having to fear being harassed, excluded, and/or discriminated against, just as other members of the United States.
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