July 4, 2022

Volume XII, Number 185


July 01, 2022

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Dept of Education Proposed Amendments to Title IX For Sex Discriminion

The U.S. Department of Education’s Office for Civil Rights (OCR) has announced that it has sent its draft proposed amendments to Title IX of the Education Amendments of 1972 to the Office of Information and Regulatory Affairs (OIRA) for internal review. Submission of the Notice of Proposed Rulemaking (NPRM) is the first formal step in the federal regulation revision process.

The announcement highlights the Department’s focus on advancing efforts as set out in President Joe Biden’s executive orders on guaranteeing an educational environment free from sex discrimination and preventing and combating discrimination based on gender identity and sexual orientation. These prioritization efforts likely are reflected in the Title IX NPRM, as they have guided the Department throughout the comprehensive review process of the 2020 Title IX amendments. (See our article, U.S. Department of Education Will Protect LGBTQ+ Students.) Changes to the procedural requirements for handling complaints, particularly in higher education, are expected.

The 2020 regulations remain in effect while the rulemaking process is ongoing; however, the Department noted that, following a ruling from a federal district court, OCR has ceased enforcement of the Title IX regulatory requirement regarding the prohibition against relying on statements not subject to cross-examination at a live hearing. Schools should continue to ensure Title IX compliance according to the language of the 2020 regulations and may refer to the Department’s Questions and Answers on the Title IX Regulations on Sexual Harassment (July 2021) and Appendix for compliance guidance.

Assistant Secretary for Civil Rights Catherine Lhamon noted, “[T]his submission is part of our comprehensive commitment to ensure that schools are providing students with educational environments free from sex discrimination, including sexual violence and discrimination based on sexual orientation and gender identity—it is one step of many taken and more to come.”

Review of the NPRM by OIRA and the Department of Justice may take up to three months. The purpose of internal reviews is to conduct a cost-benefit analysis and promote public accountability related to the proposed regulations. Following this review, the NPRM will be published in the Federal Register. Once the NPRM is published, members of the public will have the opportunity to provide comments on the proposed preamble and regulations.

Jackson Lewis P.C. © 2022National Law Review, Volume XII, Number 61

About this Author

Susan D. Friedfel Employment law attorney for educational instituions in White Plains, NY of Jackson Lewis law firm

Susan D. Friedfel is a Principal in the White Plains and New York, New York, offices of Jackson Lewis P.C.

Ms. Friedfel collaborates with clients to find practical solutions for a variety of issues that arise in the workplace. She counsels clients in various industries, including law firms, financial institutions, educational institutions, and not-for-profit organizations, on a wide array of issues.

Susan D. Friedfel  provides advice and counsel on matters such as:

  • employee recruiting and hiring practices
  • family and medical leave
  • reasonable...
Joshua D. Whitlock Higher Education Litigation Civil Rights Attorney Jackson Lewis Law Firm North Carolina

Joshua D. Whitlock is a principal in the Charlotte, North Carolina, office of Jackson Lewis P.C. He focuses his practice on meeting the legal needs of higher education institutions.  

Josh believes deeply in higher education’s mission and impact and considers it a great privilege to work closely with institutions of all types—from community colleges, to small private schools, to large public research universities—to find thoughtful and effective answers to the unique issues that they face. Josh has extensive experience...

Carol R. Ashley Labor & Employment Attorney Jackson Lewis Washington, D.C.
Of Counsel

Carol R. Ashley is of counsel in the Washington, D.C. Region office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including preventive advice and counseling.

Of Counsel

Crystal L. Tyler is Of Counsel in the Richmond, Virginia, office of Jackson Lewis P.C. She practices in the areas of employment and higher education, specifically, Title IX.

In her employment practice, Ms. Tyler represents employers in litigation, mediation, and arbitration involving a full range of employment-related claims involving arising under Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, and various other federal and state laws. Ms. Tyler also provides counsel and...

Laura Ahrens Labor & Employment Litigation Attorney Jackson Lewis Law Firm South Carolina

Laura Ahrens is an associate in the Greenville, South Carolina, office of Jackson Lewis P.C. Laura represents employers in workplace law matters, and enjoys collaborating with her clients to find practical solutions to the variety of issues that arise in the workplace.

Laura is a member of the firm’s General Employment Litigation practice group. She represents employers in various employment and labor matters, including claims of discrimination, harassment, and retaliation brought under Title VII and the ADA. She also...