Education Department proposes Title IX changes to expand protections

In celebration of the 50th anniversary of Title IX of the Education Amendments of 1972, the U.S. Department of Education (ED) released its long-awaited proposed amendments to the civil rights law. These proposed changes, which were officially published on July 12, 2022, are open to public comment until September 12, 2022.

As a reminder, the purpose of Title IX is to eliminate discrimination based on sex in any education program or activity receiving federal financial assistance. These programs and activities are commonly referred to as recipients.

Expanded protections proposed

The proposed regulations make clear that Title IX prohibits all forms of sex discrimination, and they specifically cover discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. This essentially incorporates the protections of the U.S. Supreme Court’s decision in Bostock v. Clayton County into the Title IX context. In Bostock, the Court held that Title VII protects employees from discrimination based on sexual orientation and gender identity.