July 24, 2021

Volume XI, Number 205

Advertisement

July 23, 2021

Subscribe to Latest Legal News and Analysis

July 22, 2021

Subscribe to Latest Legal News and Analysis

July 21, 2021

Subscribe to Latest Legal News and Analysis

Department of Education Issues Interpretive Ruling Prohibiting Sex-Based Discrimination Against Gay & Transgender Students Under Title IX

On June 16, 2021, the U.S. Department of Education ("DOE") issued a "Notice of Interpretation" expanding protection of gay and transgender students under Title IX to include educational institutions receiving federal monies. The DOE's announcement does not change the process of reporting or investigating individual cases of discrimination. And it remains unclear to what extent this pronouncement will have on legislative attempts within various states requiring athletes to compete in school sports according to their sex at birth.

According to the June 16 interpretive ruling, the Office for Civil Rights within the DOE is required to open an investigation into complaints alleging discrimination based on sexual orientation or gender identity under Title IX. This includes "allegations of individuals being harassed, disciplined in a discriminatory manner, excluded from, denied equal access to, or subjected to sex stereotyping in academic or extracurricular opportunities and other education programs or activities, denied the benefits of such programs or activities, or otherwise treated differently because of their sexual orientation or gender identity." This ruling seemingly aligns with the U.S. Supreme Court's decision in last June's landmark Bostock case, in which it was determined that the 1964 Civil Rights Act protects gay, lesbian, and transgender individuals from sex-based discrimination in the workforce.

Educational institutions should continue to take allegations of discrimination made by any of its students seriously, including those from the LGBTQ+ community. Educational institutions are also advised to check their Title IX policies to ensure compliance with this new regulation.

© 2021 Miller, Canfield, Paddock and Stone PLC National Law Review, Volume XI, Number 168
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Ahmad Chehab Employment Attorney Miller Canfield
Senior Attorney

Ahmad Chehab focuses his practice on employment law, including advising and representing employers in collective bargaining, labor arbitrations and contract negotiation. Ahmad also has experience directing and conducting investigations of employee misconduct and developing and coordinating staff training programs. 

Ahmad has handled litigation matters in state and federal courts, as well as in various administrative agencies including the U.S. Equal Employment Opportunity Commission; the Michigan Department of Civil Rights; the U.S. Department...

313-496-7504
Michelle Crockett attorney diversity inclusion Miller Canfield Detroit
Chief Diversity Officer

Michelle P. Crockett leads the firm's hiring of all attorneys, recruitment, diversity & inclusion initiatives, mentoring programs, professional development and continuing education (CLE) initiatives. 

She also specializes in defending Fortune 500 companies and public-sector clients, against a variety of employment-related claims. She conducts internal investigations which involve claims of harassment, retaliation, discrimination, malfeasance, and misappropriation of funds. In addition, Michelle has an expertise in providing litigation and traditional labor advice to school...

313-496-7655
Ashley N. Higginson Employment Attorney Miller Canfield Law Firm
Associate

Ashley Higginson's practice focuses on employment and labor issues, with particular experience in education matters.

Ashley has extensive experience working with public school districts, charter and private schools, and schools for students with disabilities. Her work includes matters involving boards of education, the Open Public Records Act, FERPA, teacher tenure, special education and 504 accommodations, teacher tenure charges, harassment and discrimination claims, public bidding and union negotiation.

Ashley has...

517-483-4912
Advertisement
Advertisement